If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testamentary gift.
(Code 1981, §53-4-71, enacted by Ga. L. 1996, p. 504, § 10.)
Cross references.- Equitable principles governing elections between benefits, § 23-1-24.
Applicability of section to deeds, § 44-5-37.
COMMENTThis section carries over former OCGA Sec. 53-2-114. Former OCGA Sec. 53-2-113 (dealing with election for an incompetent beneficiary) is repealed.