Legal Last Will and Testament Form for Divorced Person Not Remarried with No Children - Georgia 2025

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The divorce decree should over-ride the will, but the actual answer may depend on the language in the divorce agreement, the will and state law. Youre best off having the matter double checked by your matrimonial attorney.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
This section changes former OCGA Sec. 53-2-76 by providing that a divorce or annulment by the testator does not revoke the testators will completely but rather results in the former spouse being treated as having predeceased the testator.
Most wills include language that revokes all previous wills. As noted above, in most states if you get a divorce and do not update your will, your ex-spouse will be treated as if they have predeceased you and thus will not be given assets or be able to be the executor of the will.
Five Components Required for a Will to be Valid in Georgia: The person creating the will in Georgia is 14 years or older. The person creating the will is competent to create his or her will. The will is written. The will is signed by the testator. Two witnesses must sign the will.

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Your last will and testament After divorce, the best way to revise a will is to execute a new will, and revoke your old will. If you made a will before getting divorced, the law in most states provides that any gift made to your spouse is automatically revoked by the divorce.
In fact, The Supreme Court of the United States decided that case in 2009 and held that absent more like a state law, the failure to change beneficiary designations after divorce means the designations will remain effective despite the intervening severance of the marital relationship.
For example, California law (Probate Code 6122) states that: Unless the will expressly provides otherwise, if after executing a will the testators marriage is dissolved or annulled, the dissolution or annulment revokes any disposition or appointment of property made by the will to the former spouse.

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