O.C.G.A. § 53-4-41 (2019)
Intent
In all cases of revocation, the intent to revoke is necessary.
History
Code 1981, § 53-4-41, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section carries forward the first sentence of former OCGA Sec. 53-2-71. The second section of the former Code section, which provided that an express revocation clause would not act as a revocation if such was not the testator’s intent, is repealed as unnecessary. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-405, are included in the annotations for this Code section.
Cited in Graham v. Stansell, 218 Ga. 832, 131 S.E.2d 103 (1963); Howard v. Cotton, 223 Ga. 118, 153 S.E.2d 557 (1967).
RESEARCH REFERENCES Am. Jur. 2d. - 79 Am. Jur. 2d, Wills, § 508. C.J.S. - 95 C.J.S., Wills, § 390. ALR. - Effect of testator’s attempted physical alteration of will after execution, 62 A.L.R. 1367; 24 A.L.R.2d 514. Revocation by ratification or adoption of physical destruction or mutilation of will without testator’s knowledge or consent in first instance, 99 A.L.R. 524. Necessity that physical destruction or mutilation of will be done in testator’s presence in order to effect revocation, 100 A.L.R. 1520.
Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805. Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143. Revocation of witnessed will by holographic will or codicil, where statute requires revocation by instrument of equal formality as will, 49 A.L.R.3d 1223. Testator’s failure to make new will, following loss of original will by fire, theft, or similar casualty, as constituting revocation of original will, 61 A.L.R.3d 958.