Updating your will is one of the smartest things you can do as life changes — new marriage, children, divorce, or new assets. But one common question Georgia residents ask is:
“If I make a new will, does it automatically override my old one?”
The short answer is yes — but only if your new will is properly written and executed. Here’s how it works under Georgia law, and what to watch out for when revising your estate plan.
How Wills Work Under Georgia Law
A last will and testament is a legal document that outlines how your property should be distributed after death.
To be valid in Georgia, a will must:
- Be in writing
- Be signed by the testator (the person making the will)
- Be witnessed by at least two competent individuals
When you create a new will, it can revoke or replace a prior will — but only if it’s written and executed correctly.
You can review these rules directly in Georgia Code § 53-4-20 on revocation of wills.
Does a New Will Automatically Cancel the Old One?
Generally, yes — a new will overrides any prior will if it clearly states your intent to revoke earlier versions.
Most professionally prepared wills include a revocation clause such as:
“I hereby revoke all prior wills and codicils made by me.”
Without this clause, there could be confusion or even conflict between multiple wills.
If two wills exist and neither explicitly revokes the other, Georgia courts will look at the documents’ dates and provisions to determine your true intent — and may only revoke inconsistent portions of the older will.
What Happens If Both Wills Exist?
If an older will isn’t physically destroyed and both versions are found after death, your heirs may face:
- Conflicting instructions for property
- Delays in probate
- Potential court battles over which will reflects your actual wishes
To avoid this, it’s critical to destroy old copies once your new will is properly executed.
Our Georgia probate attorneys often assist families in resolving disputes caused by outdated or conflicting wills.
What If You Only Want to Update Part of Your Will?
If you only need minor updates — like changing an executor, adding a beneficiary, or updating assets — you can use a codicil instead of rewriting your entire will.
A codicil is a legal amendment that:
- Must be signed and witnessed the same way as a will
- Should clearly reference the original document
- Be kept with the original will
However, if you’re making multiple changes or your circumstances have changed significantly (new marriage, divorce, or major property acquisitions), it’s often better to create a new will.
When Should You Update Your Will?
You should review and update your will any time you experience:
- Marriage or divorce
- The birth or adoption of a child
- The death of a beneficiary or executor
- A significant financial change (like buying property or selling a business)
- A move to or from Georgia (as state laws differ)
Estate plans aren’t “set and forget” documents — they should evolve as your life does.
How to Properly Revoke an Old Will in Georgia
To ensure your old will is invalid, you can:
- Execute a new will that includes a revocation clause.
- Physically destroy the old will (burning, tearing, or otherwise defacing it).
- Write and sign a written statement declaring the old will revoked (less common).
The safest method is to have your attorney handle the revocation process to avoid any dispute about your intent.
For more details, see Georgia Code § 53-4-20(b), which outlines legal revocation methods.
Final Thoughts
A new will in Georgia does override an old one — but only when it’s written and executed properly.
To avoid confusion or legal challenges, always:
- Include a clear revocation clause
- Work with an attorney to ensure compliance with Georgia law
- Destroy all prior versions once the new one is signed
If it’s been years since your last update, or if your life has changed, now’s the time to review your plan. The estate planning attorneys at Hurban Law can help you create a clear, up-to-date will that leaves no room for confusion.
