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O.C.G.A. § 53-4-71 — Compensation to defeated beneficiary electing against will | Georgia Code
O.C.G.A. § 53-4-71 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 4. Wills, 53-4-1 through 53-4-75.

ARTICLE 6 CONSTRUCTION OF WILL; TESTAMENTARY GIFTS

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.

(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.

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 Former OCGA Sec. 53-2-113 (dealing with election for an incompetent beneficiary) is repealed.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.