§ 53-2-10 - (Pre-1998 Probate Code) Limitation on power to devise to charity to exclusion of spouse, child, or descendants
O.C.G.A. 53-2-10 (2010)
53-2-10. (Pre-1998 Probate Code) Limitation on power to devise to charity to exclusion of spouse, child, or descendants
(a) Except as provided in subsection (b) of this Code section, no person leaving a spouse, a child, or descendants of a child shall, by will, devise more than one-third of his estate to any charitable, religious, educational, or civil institution, to the exclusion of such spouse or child, unless the will containing the devise is executed at least 90 days before the death of the testator. Any devise in violation of this subsection shall be void.
(b) When an estate exceeds $200,000.00 in value, the restrictions of subsection (a) of this Code section shall not apply to the excess. In estimating values, that of a life estate under the annuity tables shall be included.