English v. Ricart

Melton, Justice.

In this case, we are asked to consider whether the probate court erred by finding that Beatrice Ricart, who married Robert English (“Decedent”) a number of years following his execution of a will which did not contemplate their marriage, had not waived her right to an intestate share of the estate under OCGA § 53-4-481 because she initially assented to the petition to probate the will in solemn form. Under the facts of this case, we find that Ricart has not waived this right.

The record shows that, after divorcing his first wife, Decedent left his entire estate in trust to his…