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(Code 1981, §53-4-65, enacted by Ga. L. 1996, p. 504, § 10.)
This section replaces former OCGA Sec. 53-2-104. This section provides that lapsed gifts of real and personal property are treated the same in that they fall to the residue of the estate. This section also provides that a lapsed share of a residuary beneficiary will pass by intestacy unless there are other residuary beneficiaries surviving, in which case the predeceased beneficiary's share shall go to the other residuary beneficiaries in proportion to each beneficiary's share of the residuum.
- 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).
- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-2-104 are included in the annotations for this Code section.
- Because a parent's will was plain and unambiguous and did not contain a residue clause, the lapsed gift of the residue passed to the parent's three daughters by intestacy according to O.C.G.A. § 53-4-65(b); although the parent expressed disappointment with two daughters and left them specific bequests of $10 each, the parent did not express an intent to disinherit the daughters. Banner v. Vandeford, 293 Ga. 654, 748 S.E.2d 927 (2013).
Cited in Robinson v. Ray, 254 Ga. 237, 327 S.E.2d 721 (1985); Tumlin v. Butler, 264 Ga. 488, 448 S.E.2d 198 (1994).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2013-09-23
Citation: 293 Ga. 654, 748 S.E.2d 927, 2013 Fulton County D. Rep. 2937, 2013 Ga. LEXIS 732
Snippet: estate passes through the laws of intestacy. OCGA § 53-4-65 (b). *655Banner argues the probate court failed