In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it may be consistent with the rules of law. Provided the proof of intention is clear and convincing, the court may transpose sentences or clauses, change conjunctions, and supply or delete words in cases in which a sentence or clause as it stands is unintelligible or inoperative in context.
History. Code 1981, § 53-4-55 , enacted by Ga. L. 1996, p. 504, § 10.
Law reviews.
For note discussing construction and interpretation of wills, see 1 Ga. L. Rev. No. 1, p. 46 (1927).
For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969).
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).
For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 6 - Construction of Will; Testamentary Gifts
§ 53-4-55. Construction of Wills; Intention of Testator
§ 53-4-56. Construction of Wills; Parol Evidence
§ 53-4-57. Partial Illegality of Will
§ 53-4-58. Failure to Provide for Living Child Believed Dead
§ 53-4-59. Specific, Demonstrative, General, or Residuary Testamentary Gifts
§ 53-4-60. Income, Profit, or Increase of Specific Testamentary Gifts
§ 53-4-61. Time at Which General or Demonstrative Testamentary Gift Bears Interest
§ 53-4-62. Testamentary Gift to Charity
§ 53-4-63. Payment of Debts of Testator and Expenses of Estate Administrator
§ 53-4-64. Death of Beneficiary Before Will Executed or Before Death of Testator
§ 53-4-65. Disposition of Lapsed or Void Testamentary Gift of Residuum
§ 53-4-66. Ademption or Destruction of Specific Testamentary Gift
§ 53-4-67. Exchange, Loss, Theft, Destruction, or Condemnation of Testamentary Gift
§ 53-4-68. Conditions That Are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem
§ 53-4-69. Election by Beneficiary With Claim Adverse to Will
§ 53-4-70. Election by Beneficiary Owning Testamentary Gift of Property
§ 53-4-71. Compensation to Defeated Beneficiary Electing Against Will
§ 53-4-72. Passing of After-Acquired Property
§ 53-4-73. Disposition of Heart Pacemakers
§ 53-4-74. Pecuniary Marital Deduction Testamentary Gift or Transfer