Legal Question in Wills and Trusts in Georgia

In the state of georgia does a wll supercede a divorce decree


Asked on 3/11/12, 4:02 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your question as posted makes no sense. Supercede it as to what? If you post a question minus the actual facts there is no way any lawyer can answer.

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Answered on 3/11/12, 7:17 am

I am not sure what you mean. A will only becomes effective at death so it can't "superced" a divorce decree. Divorce generally revokes any bequests in favor of a spouse if the will was made prior to divorce. If the will was written in such a way that it is clear that the testator wanted to benefit the other spouse notwithstanding the divorce, that is a different matter and the will would control. Remarriage may also affect things.

That all said, I had a situation with a client who made a will prior to his marriage and divorce. Since he never changed the will, any bequests were ostensibly valid. It took a lot of legal work and an appeal to the court to show that the man would not have wanted to benefit his ex-wife.

Moral of the story is that whenever there is a major life-changing event like a divorce, don't rely on the state's revocation laws. If you are in divorce proceedings, have a lawyer draft a new will to ensure that the other spouse receives ony the minimum amount required by law and that in the event of divorce, the other spouse gets nothing. Remember to change the beneficiary designation on things like life insurance, IRAs/pensions/401(k)s or other non-probate beneficiary-designated assets too. You can always make a new will if you reconcile or remarry or change your mind and want the ex-wife to receive something.

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Answered on 3/12/12, 11:06 am


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