Legal Question in Wills and Trusts in Georgia

Last Will and Testament

Is my wife's will still a legally binding document if it has her maiden name on it instead of her new married name?


Asked on 2/13/08, 6:44 pm

1 Answer from Attorneys

Joel Beck The Beck Law Firm, LLC

Re: Last Will and Testament

It may or may not be valid, as it depends on whether it was made in anticipation of marriage. An attorney could review this very quickly and let you know. Many attorneys, myself included, would review this for free or at a minimal charge.

In Georgia, generally speaking, wills are revoked in 4 ways: 1) by formal writing (such as a new will revoking an old will); 2) physical act (destroying or obliterating the will); 3) implied revocation by subsequent inconsistent document; or 4) by operation of law due to marriage, birth or adoption of a child. So, under condition 4, unless the will contemplates your wife getting married, then the will is revoked due to marriage.

If I may be of assistance, you can reach me at www.thebeckfirm.com.

Note that this information is for general educational purposes only, and does not constitute legal advice or create an attorney-client relationship.

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Answered on 2/14/08, 6:38 am


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