Effective Estate planning requires you to remain constantly aware of any changing circumstances that may impact your future plans. While some situations may require you to modify your testamentary documents, others may cause your Will to no longer be legal valid or vague.
In such a case, it may be necessary to revoke a Will. Fortunately, the revocation of a Will in Marietta can be a straightforward process. However, it is essential to understand the legal impact of this decision as well as how to go about the process in a legally binding way.
Our knowledgeable attorneys at Nelson Elder Care Law can help you determine if it is necessary or advisable to revoke your Will. We can also provide assistance in effecting this change in a way that carries the intended legal effect.
It is important to understand the requirements under the law to revoke a Will in Marietta. According to the Official Code of Georgia Annotated § 53-4-44, you may revoke a Will in a variety of ways, including:
Any of these will result in an express revocation of a Will. However, it is also possible to revoke a Will by creating a new one. By law, only the most recently dated version of a Will has any legal power. As a result, creating a new Will voids any previous versions. This is called an implied revocation. Our seasoned lawyers in Marietta can provide more information about the legal processes behind the revocation of a Will and recommend steps to initiate this change.
You have the authority to revoke a Will up until the time of your eventual death. Perhaps the most common reason to revoke a Will is changes in life circumstances. The coming of a child or grandchild could motivate you to add those them into a new Will. Similarly, the acquisition of new property could render an old document obsolete or inspire you to be more specific in a new testamentary document.
Regardless of you reasons for revoking a Will in Marietta, it is essential to remember the legal impact of this act. If you revoke a Will and do not execute a replacement, the state’s intestacy laws will be enacted if you pass away. This could result in a division of your assets according to the legal hierarchy of state law rather than your wishes.
There are many reasons why you might want to revoke you Will. The addition of new family members or assets could render an old document out of date, or other situations may arise that leave an old Will obsolete. To revoke an old Will, you must destroy it and/or create a new, legally valid document.
Our reliable team can help you if you are considering a revocation of a Will in Marietta. This could include explaining the legal implications of this decision and recommending ways to make this change. Call Nelson Elder Care Law today to get started.
