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O.C.G.A. § 53-4-32 — Effect of execution | Georgia Code

O.C.G.A. § 53-4-32 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 4. Wills, 53-4-1 through 53-4-75.

ARTICLE 4 JOINT OR MUTUAL WILLS

53-4-32. Effect of execution.

The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills.

(Code 1981, §53-4-32, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section clarifies that the execution of joint or mutual wills does not in and of itself create a presumption of a contract that the surviving testator will not revoke his or her will. See Code. Sec. 53-4-30 for the requirements for making a valid contract not to revoke a will.

JUDICIAL DECISIONS

Joint will was revocable after one spouse's death.

- A 1997 will made by a father and mother was merely joint, and the will contained no contractual language indicating any intent of the father or mother that the will should be considered irrevocable; therefore, after the father's death, the mother could make a new will that disinherited her daughter. Oravec v. Phillips, 298 Ga. 846, 785 S.E.2d 295 (2016).

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.