A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.
History. Code 1981, § 53-4-69 , enacted by Ga. L. 1996, p. 504, § 10.
Cross references.
Equitable principles governing elections between benefits, § 23-1-24 .
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