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2018 Georgia Code 53-4-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-4-32 Case Law from Google Scholar Amendments to OCGA 53-4-32

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).

Cases Citing Georgia Code 53-4-32 From Courtlistener.com

Total Results: 2

Oravec v. Phillips

Court: Supreme Court of Georgia | Date Filed: 2016-04-04

Citation: 298 Ga. 846, 785 S.E.2d 295, 2016 Ga. LEXIS 256, 2016 WL 1295017

Snippet: contract not to revoke the will or wills.” OCGA § 53-4-32. Applying the Revised Probate Code, the 1997 will

Hodges v. Callaway

Court: Supreme Court of Georgia | Date Filed: 2005-10-24

Citation: 621 S.E.2d 428, 279 Ga. 789, 2005 Fulton County D. Rep. 3202, 2005 Ga. LEXIS 709

Snippet: contract not to revoke the will or wills." OCGA § 53-4-32. Thus, under the 1998 Code, the will in issue here