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Tanksley v. Parker

The probate court's conclusion that the appellee successfully rebutted the presumption of revocation that comes with probating a copy of the decedent's will was presumably correct in the absence of a trial transcript.

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Sandra Tanksley challenges the probate court’s order admitting to probate a copy of her mother’s will. Because Tanksley’s brother, David Parker, successfully rebutted the presumption of revocation that comes with probating a copy, we affirm. Parker filed a petition to probate a copy of his mother’s will in Athens-Clarke County probate court, to which Tanksley filed a caveat. The parties elected to proceed without a jury. The probate court held a hearing, after which it concluded that the presumption of revocation had been rebutted and that the copy was a true copy. Tanksley made a direct appeal to this Court.1

1. Under OCGA §53-4-46 a, if an original will cannot be produced, there is a presumption that the testatrix intended to revoke it. Under OCGA §53-4-46 b, this presumption can be rebutted by showing, by a preponderance of the evidence, both that the testatrix did not intend to revoke the will and that the proffered copy is a true copy.2

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