Georgia Code, Title 53, Chapter 4, Article 6 - Construction of Will; Testamentary Gifts

• § 53-4-55 - Construction of Wills; Intention of Testator
  In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention...
• § 53-4-56 - Construction of Wills; Parole Evidence
  In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all...
• § 53-4-57 - Partial Illegality of Will
  If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary...
• § 53-4-58 - Failure to Provide for Living Child Believed Dead
  If at the time of execution of the will the testator fails to provide in the will for a living child of the testator...
• § 53-4-59 - Specific, Demonstrative, General, or Residuary Testamentary Gifts
  Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift...
• § 53-4-60 - Income, Profit, or Increase of Specific Testamentary Gifts
  The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting...
• § 53-4-61 - Time At Which General or Demonstrative Testamentary Gift Bears Interest
  (a) A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of...
• § 53-4-62 - Testamentary Gift to Charity
  If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable...
• § 53-4-63 - Payment of Debts of Testator
  (a) Unless otherwise directed, the debts of the testator shall be paid out of the residuum. Unless otherwise provided in the will, a residuary...
• § 53-4-64 - Death of Beneficiary Before Will Executed or Before Death of Testator
  (a) If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the...
• § 53-4-65 - 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...
• § 53-4-66 - Ademption or Destruction of Specific Testamentary Gift
  Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any...
• § 53-4-67 - Exchange, Loss, Theft, Destruction, or Condemnation of Testamentary Gift
  (a) If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes...
• § 53-4-68 - Conditions that are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem
  (a) Conditions in a will that are impossible, illegal, or against public policy shall be void.(b) A condition in terrorem shall be void unless...
• § 53-4-69 - Election by Beneficiary With Claim Adverse to Will
  A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A...
• § 53-4-70 - Election by Beneficiary Owning Testamentary Gift of Property
  (a) When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given 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...
• § 53-4-72 - Passing of After-Acquired Property
  All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if...
• § 53-4-73 - Disposition of Heart Pacemakers
  (a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by...
• § 53-4-74 - Pecuniary Marital Deduction Testamentary Gift or Transfer
  (a) As used in this Code section, the term "marital deduction testamentary gift or transfer" means a testamentary gift or transfer of assets, including...
• § 53-4-75 - Construction of Wills and Trust Instruments Referring to Federal Estate and Generation-Skipping Transfer Tax Laws
  (a) For purposes of this Code section, the term "effective date for federal estate and generation-skipping transfer taxes" means the earlier of January 1,...

Last modified: October 14, 2016