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legalgems, Lawyer
Category: Legal
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Ina will written in Georgia there is a conflict between two

Customer Question

Ina will written in Georgia there is a conflict between two clauses in the will,
which one takes precedent ? The first clause or one written later in the will.
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Is this all contained in the same document, or is it in the codicil?

Also, is one of the clauses of a general nature, whereas one is more specific?

Customer: replied 1 year ago.
There is no codicil . They conflicting clauses in the same will in the first clause the assets are left to this ladies
Daughter. In the later it contradicts this saying items are to payable as such P O D in a bank account .
The first clause says any money in bank accounts are to be paid to daughter on death.
Customer: replied 1 year ago.
The above explains the situation.
Expert:  legalgems replied 1 year ago.

If the POD designation was also listed on the actual bank account, then that would be controlling, as any property that is held with a POD governs, making any provisions in the will regarding that asset null and void.

If the will itself contains contradictory provisions:

Bank Account #123 100% to daughter

Bank Account #123 100% to sister

then the court will need to make a determination as to which provision controls. Some judges will choose the heir that seems most natural, others will have the clauses cancel each other out so that the property passes via intestate succession (next of kin).

So typically the executor would petition the court and ask for clarification on who to distribute the property to, to help ensure against personal liability.

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Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!