How does remarriage impact provisions within a will that were revoked by divorce in Georgia?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In Georgia, when a party gets divorced, any provisions in their will that were made in favor of their ex-spouse are automatically revoked. This revocation is a protective measure, as the law assumes that individuals generally do not want to provide benefits to someone they are no longer married to.

When a person remarries, it does not automatically revive any provisions in the will that were revoked by the divorce. The legal principle here is that the actions taken during one’s life, such as a divorce leading to a revocation of will provisions, are not undone simply by entering into a new marital relationship. The remarriage does not change the legal status of the will unless the testator (the person who made the will) specifically drafts a new will or amends the existing will to include provisions for the new spouse or reflect changes in their intentions.

This is crucial because it places the onus on the individual to actively update their estate planning documents following significant life events like divorce and remarriage. Therefore, anyone who has undergone such life changes should consult with an attorney to ensure their will accurately reflects their current intentions.

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