Codicil
Legal News & Firm Updates
Honeycutt v. Honeycutt - Effect of a divorce on a will and codicil
Posted: August 21st, 2008 by Gaslowitz Frankel LLCIn 1988, a man executed a will leaving his estate to his wife and also naming her executor. They divorced in 1995. Eight years later, the man executed a codicil (amendment) to his will, stating that each of his surviving children would receive $500, and that otherwise the will remained in force. After the man died, his former wife probated the will, but one of the children filed a caveat (a challenge to the will) contending that the divorce revoked all provisions for the former wife in the will, and that the codicil did not revive those provisions. The probate court agreed, ruling that under Georgia law a divorced spouse is treated as if she predeceased the testator, and thus the estate should be divided equally among the man’s surviving children.
After legal proceedings in superior court, the Georgia Supreme Court reversed the probate court, holding that the divorce had no effect on the will. Though the codicil did not use specific words like “republish” or “revive” or “reaffirm” regarding the will, it unequivocally identified the will, and so there was a presumption that at the time he executed the codicil, the man knew and understood the provisions of his will. The language of the codicil made it plain that the will leaving the estate to his former wife was to be given effect.
2008 WL 2563507 (Ga. 2008)
| Related News | Codicil, Revocation, Will Disputes, Will and Estate Disputes |
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