2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 6 - Construction of Will; Testamentary Gifts
§ 53-4-70. Election by Beneficiary Owning Testamentary Gift of Property
- When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will.
- An election pursuant to subsection (a) of this Code section shall not be required if:
- The will itself, from other causes, is not effective in passing title to the property in question;
- The testator has an interest in the property in question upon which the will may operate;
- The testamentary gift shows that the testator intended to give the property only in the event that the testator's own title was good; or
- The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in the testator.
(Code 1981, §53-4-70, 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.
RESEARCH REFERENCES
ALR.
- Revocation of election to take under or contrary to will, 81 A.L.R. 740; 71 A.L.R.2d 942.
Right to accept one devise or bequest under will and renounce another, 91 A.L.R. 607.
When one to whom policy of insurance on life of testator is payable is put to his election as between his right under the policy and his right to take under provision for his benefit in will, 110 A.L.R. 1317.
Doctrine of election or estoppel as applicable as against beneficiary of will where provision for other beneficiary is invalid, not for reasons personal to former, but because of statute or public policy, 112 A.L.R. 377.
Validity of election to take under or against will as affected by the fact that it was filed before probate of will or grant of letters, 120 A.L.R. 1270.
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.
Necessity of election between will and contract by testator to leave property at death, 152 A.L.R. 898.
Does surviving spouse who elects against will take by way of distributive share or by way of inheritance from deceased spouse, 160 A.L.R. 429.
Election to take against will as extinguishing power of appointment, 38 A.L.R.2d 977.
Election by spouse to take under or against will as exercisable by agent or personal representative, 83 A.L.R.2d 1077.
Factors considered in making election for incompetent to take under or against will, 3 A.L.R.3d 6.
Time within which election must be made for incompetent to take under or against will, 3 A.L.R.3d 119.