Express or Implied Revocation

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Wills
  5. Revocation and Republication
  6. Express or Implied Revocation

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  1. A revocation may be express or implied.
  2. An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.
  3. An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed.

(Code 1981, §53-4-42, enacted by Ga. L. 1996, p. 504, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 471, 474, 479, 487.

C.J.S.

- 95 C.J.S., Wills, § 398 et seq.

ALR.

- Necessity that later will refer to earlier will in order to effect a revocation under statutes providing that a will may be revoked by a subsequent will declaring the revocation, 28 A.L.R. 691.

Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.

Possibility of avoiding or limiting effect of clause in later will purporting to revoke all former wills, 125 A.L.R. 936.

Admissibility of declarations by testator on issue of revocation of will, 172 A.L.R. 354.

Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.

Wills: revocation as affected by invalidity of some or all of the dispositive provisions of later will, 28 A.L.R.2d 526.

Implied revocation of will by later will or codicil, 59 A.L.R.2d 11.

Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.

Revocation of will by nontestamentary writing, 22 A.L.R.3d 1346.

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.


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