2024 CODE OF GEORGIA
Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12)
Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75)
Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75)
Section 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 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.

• (c) A condition in terrorem shall not be enforceable against an interested person for:
  • (1) Bringing an action for interpretation or enforcement of a will;
  • (2) Bringing an action for an accounting, for removal, or for other relief against a personal representative; or
  • (3) Entering into a settlement agreement.

Amended by 2020 Ga. Laws 508,§ 1-15, eff. 1/1/2021.