Georgia § 53-4-68 Conditions that are impossible, illegal, or against public policy; conditions in terrorem

Georgia Statutes

§ 53-4-68 — Conditions that are impossible, illegal, or against public policy; conditions in terrorem

Georgia § 53-4-68

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This text of Georgia § 53-4-68 (Conditions that are impossible, illegal, or against public policy; conditions in terrorem) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 53-4-68 (2026).

Text

(a)Conditions in a will that are impossible, illegal, or against public policy shall be void.

(b)A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section.

(c)A condition in terrorem shall not be enforceable against an interested person for:

(1)Bringing an action for interpretation or enforcement of a will;

(2)Bringing an action for an accounting, for removal, or for other relief against a personal representative; or (3) Entering into a settlement agreement.

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(a) Conditions in a will that are impossible, illegal, or against public policy shall be void. (b) A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section. (c) A condition in terrorem shall not be enforceable against an interested person for: (1) Bringing an action for interpretation or enforcement of a will; (2) Bringing an action for an accounting, for removal, or for other relief against a personal representative; or (3) Entering into a settlement agreement.