2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 6 - Construction of Will; Testamentary Gifts
§ 53-4-68. Conditions That Are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem
- Conditions in a will that are impossible, illegal, or against public policy shall be void.
- A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section.
- A condition in terrorem shall not be enforceable against an interested person for:
- Bringing an action for interpretation or enforcement of a will;
- Bringing an action for an accounting, for removal, or for other relief against a personal representative; or
- Entering into a settlement agreement.
(Code 1981, §53-4-68, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-15/HB 865.)
The 2020 amendment, effective January 1, 2021, added ", except as otherwise provided in subsection (c) of this Code section" at the end of subsection (b); and added subsection (c).
Law reviews.- For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).
RESEARCH REFERENCES
ALR.
- Effect of testamentary gift to child conditioned upon specified arrangements for parental control, 11 A.L.R.4th 940.
