---
title: O.C.G.A. § 53-4-49. Effect of testator’s divorce, annulment, or remarriage to former spouse.
collection: code
id: 53-4-49
cite_as: O.C.G.A. § 53-4-49 (2025)
canonical_url: https://georgiacommons.org/code/53-4-49
md_url: https://georgiacommons.org/code/53-4-49.md
text_url: https://georgiacommons.org/code/53-4-49/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=407
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / WILLS / REVOCATION AND REPUBLICATION
---

# O.C.G.A. § 53-4-49. Effect of testator’s divorce, annulment, or remarriage to former spouse.

All provisions of a will made prior to a testator’s final divorce or the annulment of the testator’s marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator, and the provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the former spouse who are not also descendants of the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this Code section shall be revived.

## History

Code 1981, § 53-4-49, enacted by Ga. L. 1996, p. 504, § 10.

## Law Reviews

For article, ‘‘The Time Gap in Wills: Problems Under Georgia’s Lapse Statutes,’’ see 6 Ga. L. Rev. 268 (1972). For article discussing the pretermitted heir, see 10 Ga. L. Rev. 447 (1976). For article criticizing former Code 1933, § 113-408 as too drastic, and suggesting revisions, see 11 Ga. L. Rev. 297 (1977). For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005).

For note, ‘‘Advantages and Disadvantages of Intestate Death for Married Persons with an Estate of $120,000 or Less,’’ see 9 Ga. St. B.J. 102 (1972).

For comment on Thornton v. Anderson, 207 Ga. 714, 64 S.E.2d 186 (1951), see 3 Mercer L. Rev. 233 (1951); 14 Ga. B.J. 86 (1951).