One of the central benefits of having a Will in place is that it remains in effect until the time of your death. This means that even if you unexpectedly become incapacitated or disabled through an accident, your Will remains the sole means by which a Probate court will interpret your wishes after your passing.
However, Georgia law says that a person may change or revoke their Will at any time in the future. It also provides specific steps that you may take to effect this change. Our well-practiced attorneys at Nelson Elder Care Law can provide more information about the legal process behind the revocation of a Will in Georgia and provide guidance about the impact of this step on your overall Estate Plan.
The revocation of a Will in Georgia can be fairly straightforward. Under the Official Code of Georgia Annotated § 53-4-40, you retain the full authority to change or revoke your Will at any point before your death. As long as you have the intent to perform this change, the law respects your ability to do so.
The most direct way to revoke a Will is to expressly destroy or void the document. This may include stamping the Will as “VOID,” burning the document, or placing it in a shredder.
It is also possible to revoke a Will be executing a new document. Under O.C.G.A. § 53-4-43, executing a subsequent Will that meets the standards for formation expressly revokes a previous document. Because you can only have one Will at a time, even if the old Will retains its original form, that document is now invalid. Our lawyers in Georgia can help you better understand the means of revoking a Will and how to go about the process.
While revoking a Will can be a simple process that takes only a few seconds, it is worth considering what impact this action will have on your overall Estate Plan. Because Wills only have a legal effect upon a person’s death, it can be easy to assume that the risk is minimal. Unfortunately, it is impossible to predict accidents and sudden illnesses that may result in an unexpected death or incapacity. As a result, having information about the state’s Intestacy laws is crucial when deciding whether to revoke a Will without an immediate replacement.
In short, the state’s Intestacy laws determine which family members receive a person’s property after their death if they do not have a valid Will in place. This may result in a spouse receiving the entirety of an Estate or a forced split between a spouse and children. Working with Nelson Elder Care Law can help you remain aware of the legal implications of revoking a Will in Georgia.
Having a Will in place is often the first step in Estate Planning. Just as it can be relatively simple to enact these documents, it can also be straightforward to revoke them. Physically destroying or voiding the document serves as an effective revocation, so does enacting a new Will.
Our team at Nelson Elder Care Law can help guide you through the process of revoking a Will in Georgia. Call our office today to schedule a consultation with our reliable team.
