An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator’s direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence.
History. Code 1981, § 53-4-44 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 15.
Law reviews.
For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981).
For article, “Wills, Trusts, and Administration of Estates,” see 53 Mercer L. Rev. 499 (2001).
For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 5 - Revocation and Republication
§ 53-4-42. Express or Implied Revocation
§ 53-4-43. Subsequent Will or Other Written Instrument
§ 53-4-44. Destruction or Obliteration of Will or Material Portion Thereof
§ 53-4-45. Revival or Republication of Previous Will
§ 53-4-46. Presumption of Intent
§ 53-4-47. Effect of Implied Revocation
§ 53-4-49. Effect of Testator’s Divorce, Annulment, or Remarriage to Former Spouse