---
title: O.C.G.A. § 53-4-69. Election by beneficiary with claim adverse to will.
collection: code
id: 53-4-69
cite_as: O.C.G.A. § 53-4-69 (2025)
canonical_url: https://georgiacommons.org/code/53-4-69
md_url: https://georgiacommons.org/code/53-4-69.md
text_url: https://georgiacommons.org/code/53-4-69/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=459
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / WILLS / CONSTRUCTION OF WILL; TESTAMENTARY GIFTS
---

# O.C.G.A. § 53-4-69. Election by beneficiary with claim adverse to will.

A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.

## History

Code 1981, § 53-4-69, enacted by Ga. L. 1996, p. 504, § 10.

## Cross References

Equitable principles governing elections between benefits, § 23-1-24.