A testator by will may make provision for the spouse in lieu of year's support, in which case the surviving spouse must make an election.
(Code 1981, §53-3-3, enacted by Ga. L. 1996, p. 504, § 10.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 80 Am. Jur. 2d, Wills, § 1416.
C.J.S.- 34 C.J.S., Executors and Administrators, § 342.
ALR.
- Right of one who elects against will to share in lapsed legacy, 26 A.L.R. 91.
Does surviving spouse who elects against will take by way of distributive share or by way of inheritance from deceased spouse, 160 A.L.R. 429.
Election by spouse to take under or against will as exercisable by agent or personal representative, 83 A.L.R.2d 1077.
Waiver of right to widow's allowance by postnuptial agreement, 9 A.L.R.3d 955.
Extension of time within which spouse may elect to accept or renounce will, 59 A.L.R.3d 767.
Conflict of laws regarding election for or against will, and effect in one jurisdiction of election in another, 69 A.L.R.3d 1081.
Liability for administration expenses of spouse electing against will, 89 A.L.R.3d 315.
Construction, application, and effect of statutes which deny or qualify surviving spouse's right to elect against deceased spouse's will, 48 A.L.R.4th 972.