Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 4. GIFTS GENERALLY · Part 1. Inter Vivos Gifts

44-5-86. Gifts by person subject to undue influence; avoidance.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon the slightest evidence of persuasion or influence, such gift shall be declared void at the instance of the donor or his legal representative and at any time within five years after the making of such gift.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2624; Code 1868, § 2624; Code 1873, § 2666; Code 1882, § 2666; Civil Code 1895, § 3572; Civil Code 1910, § 4152; Code 1933, § 48-107; Ga. L. 1982, p. 3, § 44.

Law reviews

For article, ‘‘Georgia’s Law of Undue Influence in Gift-Making,’’ see 5 Ga. St. B.J. 12 (2000). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 472; merge action: carried; file SHA-256 490191d3dc54.