Tuesday, October 17, 2017
A number of states have enacted statutes that serve to revoke a decedent’s will, in whole or in part, if the decedent’s life-circumstances later change in specific ways. Hobbs v. Winfield, a recent case out of Georgia, highlights such a scenario. Alphonzo Hobbs executed a valid will in 1989 and died in 2007. In the interim, Hobbs had three children outside of marriage. The Supreme Court of Georgia held that because Hobbs did not draft the will with a consideration of future children, it was not valid under Georgia law. Hobbs’s assets passed under Georgia’s intestacy scheme. Because laws may vary drastically from state to state, it is important to seek out professional advice to make sure a previously valid will remains intact after death.
See Michelle Soto, State Law on After-born Children Leads to Revocation of a Will, The National Law Review, October 12, 2017.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.