Asked in Estate Planning for Georgia

Q: A will states X is given a life estate in 2005. In 2009 that same property is put in another name. Is the will voided?

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2 Lawyer Answers
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: The will is not voided. However, the bequest is nullified.

A testator (the person making the will) can dispose of property up until the time of their death. The will only becomes operative at death, not before. So if a testator included a provision in the will disposing of a particular asset and then conveyed that asset, the provision in the will is void.

A different result would follow if the person actually changed the deed to read that the other person has a life estate in the property. In that case, the property could not be conveyed to someone else without the life tenant's consent.

Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: The will is not voided. However, the bequest is nullified.

A testator (the person making the will) can dispose of property up until the time of their death. The will only becomes operative at death, not before. So if a testator included a provision in the will disposing of a particular asset and then conveyed that asset, the provision in the will is void.

A different result would follow if the person actually changed the deed to read that the other person has a life estate in the property. In that case, the property could not be conveyed to someone else without the life tenant's consent.

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