2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 1 - General Provisions
§ 53-4-1. Power of Testator

A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may give all the property to strangers, to the exclusion of the testator's spouse and descendants.

(Code 1981, §53-4-1, enacted by Ga. L. 1996, p. 504, § 10.)

- For article discussing the pretermitted heir, see 10 Ga. L. Rev. 447 (1976). For note, "Preventing Spousal Disinheritance in Georgia," see 19 Ga. L. Rev. 427 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 58 et seq., 68, 70, 90, 93, 371, 394 et seq.

- 95 C.J.S., Wills, §§ 30, 42, 172, 173, 357 et seq., 379, 380, 382.

- Validity of provision in will vesting discretion in executor or third person as to objects of testator's bounty, 3 A.L.R. 297; 45 A.L.R. 1440.

Will as exclusive means of exercising power conferred by will to dispose of property, 20 A.L.R. 388.

Release to ancestor by heir expectant, 28 A.L.R. 427.

Applicability of doctrine of advancements to testate succession, 32 A.L.R. 730.

Intention of testator as regards child not provided for by will as affecting applicability of statutes to prevent disinheritance of children, 65 A.L.R. 472.

Right of heirs or next of kin to attack devise to corporation on ground of its incapacity to take, 69 A.L.R. 1359.

Constitutionality and construction of statute which in effect varies the quantum of evidence necessary to establish lack of testamentary capacity or undue influence according to the relationship to deceased of the persons affected, 74 A.L.R. 236.

Language of will excluding or restricting one as beneficiary, as excluding him from class to whom gift is made in another part of will, 80 A.L.R. 140.

Admissibility and weight on issue of mental capacity or undue influence in respect of will or conveyance, of instruments previously executed by the person in question, 82 A.L.R. 963.

What institutions or gifts are within statutes declaring invalid bequests for charitable, benevolent, religious, or similar purposes, if made within a specified period before testator's death, or prohibiting, or limiting the amount of, such bequests, 111 A.L.R. 525.

Standing of heir or next of kin to attack gift or conveyance made by ancestor in his lifetime as affected by will by which he is disinherited in whole or part; or to contest will as affected by the gift or conveyance or prior will by which he is similarly disinherited, 112 A.L.R. 1405.

Legal capacity of one whom testator had agreed to adopt, but whose adoption had not been effected, to contest will, 112 A.L.R. 1422.

Power and duty of probate court to set aside decree admitting forged instrument to probate as a will, 115 A.L.R. 473.

Nature of, and remedies for enforcement of, the interest which a pretermitted child takes by virtue of statute where parent leaves will, 123 A.L.R. 1073.

Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222.

Statute regarding right of surviving spouse in estate of deceased spouse as affecting contract or waiver in that regard executed before passage of the statute, 137 A.L.R. 1099.

Refund under annuity contract upon death of annuitant as part of his estate for purposes of forced heirship or statute limiting amount of disposable estate of decedent survived by spouse or child, 142 A.L.R. 609.

Illegitimate child as within contemplation of statute regarding rights of child pretermitted by will, or statute preventing disinheritance of child, 142 A.L.R. 1447.

Disinheritance provision or mere nominal bequest as affecting application of statute for benefit of pretermitted children, 152 A.L.R. 723.

Waiver, or failure to invoke protection, of statute regarding amount, or time of making, of bequest to religious, charitable, or other specified classes of institutions, 154 A.L.R. 682.

Instructions, in will contest, defining natural objects of testator's bounty, 11 A.L.R.2d 731.

Admissibility in will contest of financial condition or needs of those constituting natural objects of testator's bounty, 26 A.L.R.2d 374.

Validity, construction, and effect of provisions in life or accident policy in relation to military service, 36 A.L.R.2d 1018.

Wills: validity of condition of gift depending on divorce or separation, 14 A.L.R.3d 1219.

Wills: bequest or devise referring to services to be rendered by donee to testator during latter's lifetime as absolute or conditional gift, 22 A.L.R.3d 771.

Validity and construction of testamentary gift to political party, 41 A.L.R.3d 833.

Validity of testamentary provision making gift to person or persons meeting specified qualification and authorizing another to determine who qualifies, 74 A.L.R.3d 1073.

Effect of invalidity of provision conditioning testamentary gift upon divorce of beneficiary, on alternative provision conditioning gift upon spouse's death, 74 A.L.R.3d 1095.

Exercise by will of trustor's reserved power to revoke or modify inter vivos trust, 81 A.L.R.3d 959.

Wills: condition that devisee or legatee shall renounce, embrace, or adhere to specified religious faith, 89 A.L.R.3d 984.

Conflict of laws as to pretermission of heirs, 99 A.L.R.3d 724.

Modern status: validity and effect of mortmain statutes, 6 A.L.R.4th 603.

Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.

Adopted child as subject to protection of statute regarding rights of children pretermitted by will, or statute preventing disinheritance of child, 43 A.L.R.4th 947.

What passes under term "personal property" in will, 31 A.L.R.5th 499.

Adopted child as within class named in testamentary gift, 36 A.L.R.5th 395.