Legal Question in Wills and Trusts in Georgia

If the executor of a will changes her will, will it make the first will null and void?


Asked on 3/31/14, 6:36 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your question does not make sense, because executors do not change wills. People change their own wills, not someone elses.

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Answered on 3/31/14, 7:10 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Executors don't become executors until a testator dies and they cannot change a will. A testator can change her will at any timewhile living and that voids earlier wills.

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Answered on 3/31/14, 7:25 am

As noted by my esteemed fellow attorneys, executors cannot change a will. If there is an executor of a will, it implies the testator (the person who made the will) is already dead. In that case, the cannot be changed. Only the testator, if he/she is still alive. can change a will. But if the testator is still alive, then there cannot be any executors.

Just because a will names someone as executor does not make it so. To be an executor, the testator has to be dead and depending on how the will is drafted, the probate court has to issue an order which names the executor as officially being in charge.

Finally, if the testator changes a will, assuming the testator has an attorney, it means that the testator made a new will which revoked all prior wills or else the testator properly executed a codicil to the will noting the changes (codicils have to be executed with the same formalities as an initial will, i.e., signed by the testator and witnessed by 2 disinterested people and notarized to be made self-proving)..

If the testator did this herself, then it is unclear whether the changes will take effect or not. Depending on how the changes were made, the testator may have invalidated her will completely.

If the testator is still alive, I would encourage her to have her will and any changes thereto reviewed by an attorney unless an attorney was involved with drafting the will and making any changes.

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Answered on 3/31/14, 4:18 pm


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