How can I revoke my will in Georgia?

Full question:

I made a will in 2009. I wish to revoke the will now due to some personal reasons . Could you tell me the ways a will may be revoked in Georgia?

Answer:

In Georgia, there are several ways to revoke a will:

  • A will can be revoked expressly or impliedly.
  • Express revocation occurs when the testator clearly annuls the will through writing or actions, taking effect immediately.
  • Implied revocation happens when a new will is created that is inconsistent with the old will, even if it doesn't explicitly revoke it. This takes effect only when the new will becomes valid.
  • The testator can also revoke the old will by creating a new one.
  • Additionally, the testator can revoke the will by destroying or obliterating it, either personally or by someone else at their direction, with the intent to revoke.

For more details, you can refer to the relevant laws:

O.C.G.A. § 53-4-42: Express or implied revocation.

O.C.G.A. § 53-4-43: Revocation by a subsequent will or written instrument.

O.C.G.A. § 53-4-44: Destruction or obliteration of the will or a material portion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you do not revoke your will in Georgia, it remains valid and will be executed according to its terms upon your death. Any changes in your circumstances, such as marriage or divorce, may not automatically affect the will unless you explicitly revoke it or create a new one. It's important to regularly review your will to ensure it reflects your current wishes and circumstances. If you want to change your beneficiaries or how your assets are distributed, you must revoke the old will or create a new one that clearly states your intentions. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*