What is the punishment for child non-support 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?
03/09/2017 |
Category: Wills and Es... ยป Revocation |
State: Georgia |
#33646
Answer:
- A will can be express or it may be implied.
- If the testator in writing or in action clearly invalidates the will, then the will is considered to be revoked instantly.
- A will is said to be revoked when the testator makes another will, which is inconsistent with the old will, even if the subsequent will doesn’t specifically revoke the old will.
- The testator may expressly revoke his old will by making a new one.
- The testator may himself or through another person, revoke the will by either destroying it or obliterating the will.
O.C.G.A. § 53-4-42:
“Express or implied revocation
(a) A revocation may be express or implied.
(b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.
(c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed.”
(a) A revocation may be express or implied.
(b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.
(c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed.”
O.C.G.A. § 53-4-43 :
“Subsequent will or other written instrument
An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will.”
O.C.G.A. § 53-4-44:
“Destruction or obliteration of will or material portion thereof
An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence.”