O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-4-71 (2019)

Compensation to defeated beneficiary electing against will

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

Annotations

Cross references. - Equitable princi-

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

COMMENT This section carries over former OCGA Sec. 53-2-114. Former OCGA Sec. 53-2-113 (dealing with election for an incompetent beneficiary) is repealed.