Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 4. WILLS · Article 6. CONSTRUCTION OF WILL; TESTAMENTARY GIFTS

53-4-61. Time at which general or demonstrative testamentary gift bears interest.

Active

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

(a)
A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, that when a general or demonstrative testamentary gift is to be paid at a later time or upon a later event, it bears no interest until such time or event.#
(b)
The general rule described in subsection (a) of this Code section yields to the equity and necessity of a particular case if the condition of the estate as to the payment of debts and testamentary gifts is doubtful or if the fund out of which the testamentary gift is to be paid is unavailable for all the charges made upon it or if any other equitable circumstance intervenes.#

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

Code 1981, § 53-4-61, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For article, ‘‘The Time Gap in Wills: Shifting Assets and Shrinking Estates — Obsolescence and Testamentary Planning in Georgia,’’ see 6 Ga. L. Rev. 649 (1972). For note, ‘‘Determining Principal and Income Allocation in Georgia Trusts,’’ see 8 Ga. St. B.J. 564 (1972).

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

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 438; merge action: carried; file SHA-256 062775612dfc.