What effect does divorce have on a will in Georgia?

In Georgia, a divorce has the specific legal effect of automatically revoking any provisions that were made in favor of the former spouse within a will. This means that if an individual had previously made their spouse a beneficiary or included them in important decisions regarding their estate planning, such provisions are no longer valid after the divorce is finalized.

The rationale behind this rule is rooted in public policy; it is typically assumed that, following a divorce, individuals would not wish their former spouses to benefit from their estate. Consequently, to avoid any confusion or potential disputes regarding an individual’s intentions after a divorce, Georgia law automatically revokes these provisions, thereby ensuring that the former spouse does not inherit or receive benefits unless the will is explicitly updated or re-executed to include them once again.

This automatic revocation aids in protecting the intentions of the testator and helps ensure that the estate is distributed according to their wishes following the dissolution of their marriage.