Georgia Statutes
§ 53-4-68 — Conditions that are impossible, illegal, or against public policy; conditions in terrorem
Georgia·Title 53
(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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670 S.E.2d 59 (Supreme Court of Georgia, 2008)
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Caswell v. Caswell
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686 S.E.2d 88 (Supreme Court of Georgia, 2009)
Cynthia S. Barry v. Thomas A. Barry, III
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Legislative History
Amended by 2020 Ga. Laws 508,§ 1-15, eff. 1/1/2021.
Nearby Sections
15
§ 53-1-10
Lifetime transfers§ 53-1-11
Value§ 53-1-12
Manner of taking into account§ 53-1-2
Definitions§ 53-1-3
Dower and tenancy by curtesy§ 53-1-8
Adopted individuals§ 53-10-1
Short title