Statutes > Georgia Statutes > TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES > CHAPTER 2 - DESCENT AND DISTRIBUTION > ARTICLE 5 - LEGACIES AND DEVISES > § 53-2-111 - (Pre-1998 Probate Code) Election by legatee or devisee having claim adverse to will

§ 53-2-111 - (Pre-1998 Probate Code) Election by legatee or devisee having claim adverse to will

O.C.G.A. 53-2-111 (2010)
53-2-111. (Pre-1998 Probate Code) Election by legatee or devisee having claim adverse to will


A devisee or legatee taking under a will shall allow, as far as he can, all the provisions of the will to be executed. If he has a claim adverse to the will, he shall be required to elect whether to claim under the will or against it. However, the mere fact that the devisee or legatee is also a creditor shall not necessitate an election.