O.C.G.A. § 53-4-65 (2019)
Disposition of lapsed or void testamentary gift of residuum
(a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum.
(b) A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy.
History
Code 1981, § 53-4-65, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT 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.
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).
JUDICIAL DECISIONS Editor’s notes. - 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. Lapsed gift passed by intestacy rules. - 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).