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Official Code of Georgia Annotated

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

53-4-68. Conditions that are impossible, illegal, or against public policy; conditions in terrorem.

Active

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

  1. (a)

    Conditions in a will that are impossible, illegal, or against public policy shall be void.#

  2. (b)

    A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section.#

  3. (c)

    A condition in terrorem shall not be enforceable against an interested person for:#

    1. (1)

      Bringing an action for interpretation or enforcement of a will;#

    2. (2)

      Bringing an action for an accounting, for removal, or for other relief against a personal representative; or#

    3. (3)

      Entering into a settlement agreement.#

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, § 53-4-68, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-15/HB 865. The 2020 amendment, effective January 1, 2021, added ‘‘, except as otherwise provided in subsection (c) of this Code section’’ at the end of subsection (b); and added subsection (c).

Law reviews

For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).

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 t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 458 to 459; merge action: annotated; file SHA-256 062775612dfc.