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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

53-4-70. Election by beneficiary owning testamentary gift of property.

Active

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

  1. (a)

    When a testator has attempted to make a testamentary gift of property that is not the testator’s own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will.#

  2. (b)

    An election pursuant to subsection (a) of this Code section shall not be required if:#

    1. (1)

      The will itself, from other causes, is not effective in passing title to the property in question;#

    2. (2)

      The testator has an interest in the property in question upon which the will may operate;#

    3. (3)

      The testamentary gift shows that the testator intended to give the property only in the event that the testator’s own title was good; or#

    4. (4)

      The benefit given to the person called upon to elect is not from the testator’s own property but is by virtue of a power of appointment in the testator.#

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, § 53-4-70, enacted by Ga. L. 1996, p. 504, § 10.

Cross references

Equitable principles governing elections between benefits, § 23-1-24. Applicability of section to deeds, § 44-5-37.

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 460 to 461; merge action: carried; file SHA-256 062775612dfc.