---
title: O.C.G.A. § 53-4-71. Compensation to defeated beneficiary electing against will.
collection: code
id: 53-4-71
cite_as: O.C.G.A. § 53-4-71 (2025)
canonical_url: https://georgiacommons.org/code/53-4-71
md_url: https://georgiacommons.org/code/53-4-71.md
text_url: https://georgiacommons.org/code/53-4-71/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=463
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.
up: https://georgiacommons.org/code/53-4.md
previous: https://georgiacommons.org/code/53-4-70.md
next: https://georgiacommons.org/code/53-4-72.md
index: https://georgiacommons.org/code/index.md
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. § 53-4-71. Compensation to defeated beneficiary electing against will.

If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testamentary gift.

## History

Code 1981, § 53-4-71, 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.