2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 6 - Construction of Will; Testamentary Gifts
§ 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 reason does not own the subject of such gift at death.
(Code 1981, §53-4-66, enacted by Ga. L. 1996, p. 504, § 10.)
Law reviews.- For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972).
RESEARCH REFERENCES
Am. Jur. 2d.
- 80 Am. Jur. 2d, Wills, §§ 1458, 1460, 1482.
Self-Dealing by Trustee, 38 POF3d 279.
Fiduciary's Breach of Investment Duties, 1 POF2d 467.
C.J.S.- 97 C.J.S., Wills, § 1742 et seq.
ALR.
- What amounts to an ademption or abatement of a legacy of a business or professional practice, 13 A.L.R. 173; 16 A.L.R.2d 1404.
Ademption of bequest of chattel by change in form, 40 A.L.R. 558.
What is included in terms "notes," "securities," etc., in a bequest, 52 A.L.R. 1097.
Ademption or failure of substituted gift made by codicil or later will as preventing revocation, or effecting revival, of original gift to the same legatee or devisee, 59 A.L.R. 1106.
Change from absolute ownership of real property to mortgage interest by way of security, or vice versa, as ademption or revocation of legacy or devise, 65 A.L.R. 632.
Option given by testator before or after execution of will as ademption of specific legacy or devise, 79 A.L.R. 268; 155 A.L.R. 571.
Interest or estate remaining in testator after conveyance or transfer of less than his entire interest or estate in property as passing under previously executed will covering property in question, 117 A.L.R. 1380.
Duty and liability of executor (or administrator with will annexed) in respect of personal property specifically bequeathed, and not needed for payment of debts, 127 A.L.R. 1071.
Burden of debts and cost of administration as between residuary legatees, and heirs or next of kin who take lapsed, adeemed, or invalid legacies, 144 A.L.R. 476.
Doctrine of election as applicable where testator after the execution of the will transferred to one beneficiary the subject of a specific devise or bequest to another, 147 A.L.R. 735.
Devise of undivided interest as affected by partition of tract subsequent to execution of will, 162 A.L.R. 146.
Construction and effect of general legacy conditional upon ademption of specific legacy or devise to legatee, 2 A.L.R.2d 819.
Right of general legatee of stocks, bonds, or other securities, where testator owns at time of death none such as are described in will or less than bequeathed, 22 A.L.R.2d 457.
Satisfaction or ademption of general legacy by inter vivos gift, transfer, or payment to the legatee or another, 26 A.L.R.2d 9.
Right of beneficiary as against estate of insured who borrowed on the policy, 31 A.L.R.2d 979.
Disposition of proceeds of insurance on property specifically bequeathed or devised, 35 A.L.R.2d 1056.
Ademption or revocation of specific devise or bequest by guardian, committee, or conservator of mentally or physically incompetent testator, 51 A.L.R.2d 770.
Codicil as reviving adeemed or satisfied bequest or devise, 58 A.L.R.2d 1072.
What amounts to ademption to specific legacy of corporate stock or other corporate securities, 61 A.L.R.2d 449.
Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.
Ademption of bequest of proceeds of property, 45 A.L.R.3d 10.
Change in stock or corporate structure, or split or substitution of stock of corporation, as affecting bequest of stock, 46 A.L.R.3d 7.
Ademption of legacy of business or interest therein, 65 A.L.R.3d 541.
Disposition of insurance proceeds of personal property specifically bequeathed or devised, 82 A.L.R.3d 1261.
Liability for wrongful autopsy, 18 A.L.R.4th 858.
Ademption of bequest of debt or balance on debt, 25 A.L.R.4th 88.
Proper disposition under will providing for allocation of express percentages or proportions amounting to more or less than whole of residuary estate, 35 A.L.R.4th 788.
Ademption or revocation of specific devise or bequest by guardian, committee, conservator, or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.
