Wills & Estates Flashcards
Revival of a Revoked Will
If a will that expressly revoked a previous will is revoked by a later will or other written instrument, then the previous will remains revoked unless it is revived.
If a will was revoked by physical act, the prior will is revived if it appears from the circumstances of the revocation that the testator intended to revive the prior will.
If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by a later will or other written instrument, then the revoked or amended part of the previous will is revived to the extent that the terms of the later document indicate that the testator intended the previous will to take effect.
Surviving Spouse Means of Support in Georgia
Social Security; A Year’s Support; Homestead Exemption; Pension Plans; Personal Property Set-Aside.
Premarital Will
If the testator married surviving spouse after the execution of the will, the surviving spouse is entitled to an intestate share out of the residuary. Omitted spouse is not entitled to take.
Testator’s Will Lost After Death
When a testator had a will and that will cannot be found after the testator’s death, the burden is on the PROPONENT to rebut the presumption of intent to revoke by PREPONDERANCE OF THE EVIDENCE.
