If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows:
History. Code 1981, § 53-4-58 , enacted by Ga. L. 1996, p. 504, § 10.
Law reviews.
For note, “Wills — Mistake of Fact as to the Existence or Conduct of an Heir,” see 1 Ga. St. B.J. 543 (1965).
For article discussing the pretermitted heir, see 10 Ga. L. Rev. 447 (1976).
For article advocating repeal of this Code section, or amendment to eliminate relief for all mistakes but belief in the existence of an heir, see 11 Ga. L. Rev. 297 (1977).
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