GA Code § 53-4-64 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-64. Death of Beneficiary Before Will Executed or Before Death of Testator

  If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state.   The provisions of subsection (a) of this Code section shall also apply to a testamentary gift to a class unless there appears a clear intent to the contrary.   If a beneficiary is treated as having predeceased the testator due to a divorce or annulment, as provided in Code Section 53-4-49, or due to the beneficiary being responsible for the death of the testator, as provided in Code Section 53-1-5, the provisions of subsection (a) of this Code section shall apply only to vest the testamentary gift in descendants of the beneficiary who are also descendants of the testator.     (Code 1981, §53-4-64, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article, "The Time Gap in Wills: Problems Under Georgia's Lapse Statutes," see 6 Ga. L. Rev. 268 (1972). For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972). For article, "Descendible Future Interests in Georgia: The Effect of the Preference for Early Vesting," see 7 Ga. L. Rev. 443 (1973). For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For article, "Lapse Statutes: Recurring Construction Problems," see 37 Emory L.J. 323 (1988). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For note, "Vesting Title in a Murderer: Where is the Equity in the Georgia Supreme Court's Interpretation of the Slayer Statute in Levenson?," see 45 Ga. L. Rev. 877 (2011).   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, § 1424.   C.J.S.   - 97 C.J.S., Wills, § 1803.   ALR.    - Applicability of statute to prevent lapses, in case of person dead at time will was made, 3 A.L.R. 1682.    Effect of restrictive words or reference to specific property in residuary clause to limit scope of clause as regards lapsed or ineffectual legacies and devises, 10 A.L.R. 1522.    Decree directing distribution of estate to person who is dead, 25 A.L.R. 1563.    Rule that devise over in case of first taker's death refers to death in testator's lifetime as affected by fact that the first devisee was unborn when will was made, 26 A.L.R. 609.    Devise or bequest to one "or his heirs" or to one "and his heirs" as affected by death of person named before death of testator, 78 A.L.R. 992; 128 A.L.R. 94.    Lapse of legacy charged on devise on death of beneficiary before time fixed for payment, 82 A.L.R. 680.    Intention of testator as defeating operation of statute to prevent lapses, 92 A.L.R. 846; 63 A.L.R.2d 1172.    Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting character of remainder as vested or contingent, 109 A.L.R. 5; 47 A.L.R.2d 900.    Who are within descriptive terms "relation," "descendant," "child," "brother," "sister," etc., describing the legatee or devisee, in statute providing against lapse upon death of legatee or devisee before testator, 115 A.L.R. 444; 63 A.L.R.2d 1195.    Statute to prevent lapse in event of death of devisee or legatee before testator as applicable to interest of beneficiary under trust who dies before testator, 118 A.L.R. 559.    Death of life tenant before death of testator as causing lapse or "acceleration" of remainder, 133 A.L.R. 1367.    Devolution of lapsed portion of residuary clause, 139 A.L.R. 868; 36 A.L.R.2d 1117.    Time as of which "heirs" or "next of kin" descriptive of beneficiaries of a devise or bequest are to be determined where ancestor predeceases the testator, 162 A.L.R. 716.    Postponement of time of closing a class to which a future interest is given, as implying survivorship, 166 A.L.R. 823.    Gift over to surviving members of a group of share of deceased member as creating absolute interest in last survivor, 166 A.L.R. 1277.    Classification for purposes of inheritance or succession or estate tax of one who takes by virtue of lapsed legacy statute, 168 A.L.R. 271.   Benefit of direction in deed or will for payments by grantee or devisee to third person as surviving latter's death, and passing as part of his estate, 6 A.L.R.2d 363.   Devise or bequest to designated individual "or his estate," "or his children," "or his representative," or the like (other than "or his heirs"), as subject to lapse in event of individual's death before that of testator, 11 A.L.R.2d 1387.   Who is "child," "issue," "descendant," "relation," "heir," etc., within antilapse statute describing the person taking through or from the legatee or devisee, 19 A.L.R.2d 1159.   Right or option given by will to purchase estate property as personal, or as surviving optionee's death and exercisable by his successors in interest, 28 A.L.R.2d 1167.   Construction and effect of proviso of will that "in case of the death" of a devisee or legatee, or "if he die" (or equivalent expression), the property shall go to another, 51 A.L.R.2d 205.   Applicability of antilapse statutes to class gifts, 56 A.L.R.2d 948.   Antilapse statute as applicable to interest of beneficiary under inter vivos trust who predeceases life-tenant settlor, 47 A.L.R.3d 358.   Wills: gift over to "survivors" of class or group of designated beneficiaries as restricted to surviving members of class or group, or as passing to heirs or representatives of deceased beneficiary, 54 A.L.R.3d 280.   Validity, construction, and application of statutory requirement that will beneficiary survive testator for specified time, 88 A.L.R.3d 1339.   Testamentary option to purchase estate property as surviving optionee's death, 18 A.L.R.4th 578.