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When Military Wills Do Not Contemplate Future-Born Children

February 7, 2018

Authors

Luke Lantta

When Military Wills Do Not Contemplate Future-Born Children

February 7, 2018

by: Luke Lantta

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform.  While the Armed Forces may make it easy for those serving our country to get a will, these testators may need to be reminded to update those wills they executed as certain life events occur, like getting married or having children.  So it was in Hobbs v. Winfield, where the Georgia Supreme Court determined that the military will executed by a 20-year-old did not contemplate the birth of future children and, therefore, the birth of those children revoked his will.

At 20-years-old, while serving in the military, the testator executed a will.  The will named the testator’s mother as his sole beneficiary and personal representative, and, if his mother predeceased him, his ‘grandmother’ was the successor beneficiary and personal representative. 

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Guardians Should Guard Against Claims Of Undue Influence

June 7, 2017

Authors

Luke Lantta

Guardians Should Guard Against Claims Of Undue Influence

June 7, 2017

by: Luke Lantta

guardian‘s job requires that the guardian be involved in the affairs of the ward.  In turn, the ward likely is going to be dependent on and trust the guardian.  Chances are – because Georgia sets an order of preference for persons eligible to become a guardian for a ward – the guardian also may be a close family member.  Since people often like to put their family members into their wills as beneficiaries, a guardian may run into a situation where the ward names him or her as a beneficiary of the ward’s estate.  While that seems all well and natural, because of the fiduciary relationship between guardian and ward, that will may get a close look by a court.

So what is a guardian to do?

Distance herself from the estate planning process.

While there is no

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Applying The Doctrine Of Dependent Relative Revocation

May 6, 2015

Authors

Luke Lantta

Applying The Doctrine Of Dependent Relative Revocation

May 6, 2015

by: Luke Lantta

The name of the doctrine itself is something that could only be loved by trusts and estates lawyers: dependent relative revocation.  The idea that it captures, however, is more intuitive.  If cancellation of an old will and making of a new will are parts of the same scheme, and the cancellation of the old will is so tied to the making of the new will that its revocation is entirely dependent on a new will being made, then, if the new will is not made or is otherwise found to be invalid, the old will (though cancelled or revoked) is given its effect.  In other words, if you revoke a will only as part of making a new will but the new will either doesn’t get made or is invalid, then the old will springs back into effect.

In  Read More

Petition To Probate Copy Of Testator’s Will Denied

January 30, 2014

Authors

Luke Lantta

Petition To Probate Copy Of Testator’s Will Denied

January 30, 2014

by: Luke Lantta

Just a few months ago, we saw the Georgia Supreme Court decide that a copy of a will was good enough to admit to probate.  At that time, we said

Under Georgia law, if the original of a will cannot be found for probate, there is a presumption that the testator intended to revoke the will.  But this presumption can be overcome if a copy is established by a preponderance of the evidence to be a true copy of the original and if it is established by a preponderance of the evidence that the testator did not intend to revoke the will.

Now, in Britt v. Sands, we see that same Supreme Court decide that a copy was not good enough.  What was the difference?

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