§ 53-2-41 - (Pre-1998 Probate Code) Form of words constituting a will; determination of testamentary character of instrument; distinction between deed and will
O.C.G.A. 53-2-41 (2010)
53-2-41. (Pre-1998 Probate Code) Form of words constituting a will; determination of testamentary character of instrument; distinction between deed and will
(a) No particular form of words is necessary to constitute a will.
(b) To determine whether or not an instrument is testamentary in character, the test is the intention of the maker, which is to be gathered from the whole instrument read in light of the surrounding circumstances. If the intention is to convey a present estate, even if possession is postponed until after the death of the maker, the instrument is a deed. If the intention is to convey an interest accruing and having effect only after the death of the maker, the instrument is a will.