Required

Revocation of a Will in Marietta

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.

How Can I Revoke a Will in Marietta?

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:

  • Tearing the Will
  • Burning the document
  • Stamping the document as “void”

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.

Reasons to Revoke a Last Will and Testament

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.

Let Our Marietta Attorneys Assist with Revoking a Will

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.

Hear From Our Clients
tes-prev
tes-next

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben