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Evans v. Palmour

Georgia law does not require a testator to identify his/her future spouse in a valid in contemplation of marriage clause.

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This appeal is brought from the probate court’s ruling upholding a 1990 will made in contemplation of a subsequent marriage. The relevant precedent of this Court, the relevant sections of the Georgia Code, and learned treatises on this subject all provide that when a will clearly states it is made in contemplation of a subsequent marriage and it is the testator’s intention that the will not be automatically revoked upon such marriage, the will is not revoked by operation of law when, after executing the will, the testator marries. Furthermore, having reviewed the Code, our case law, and relevant treatises regarding this subject, we conclude that the validity of a will’s “in contemplation of marriage” provision is not dependant upon the testator’s identification of his or her intended spouse. Therefore, we affirm.

In 1990 Joseph Llop executed his will, in which he devised his entire estate to his daughter, appellee Marianna Llop Palmour. Llop’s will included this provision: “I make this will in contemplation of my marriage and in such event it is my intention that this will be valid and not be revoked by operation of law.” In February 1997, seven years after executing his will, Llop married Angela Vera, whom he did not know at the time he drafted his will in 1990. Llop and Vera divorced in 1998, and Llop died in 2000. Approximately two months later, appellee Palmour offered Llop’s will for probate.

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