GA Code § 53-1-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 1 - General Provisions|Article 2 - Advancements|§ 53-1-10. Lifetime Transfers

  A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift.   A lifetime transfer of money or other property to a prospective heir or to the beneficiary of a demonstrative, general, or residuary testamentary gift is treated as an advancement if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to be a part of the share that the heir would inherit by intestacy or the beneficiary would take under the transferor's will.   The intent to treat a lifetime transfer as a satisfaction or an advancement is shown only if the will provides for the deduction of the lifetime transfer or its value or if the satisfaction or advancement is declared in a writing signed by the transferor within 30 days of making the transfer or acknowledged in a writing signed by the recipient at any time.     (Code 1981, §53-1-10, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - 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 discussing concept of advancements, see 10 Ga. L. Rev. 447 (1976). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005).   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Advancements, §§ 1, 2, 4 et seq., 26 et seq., 43, 74. 80 Am. Jur. 2d, Wills, §§ 1458 et seq., 1460, 1482.   Ademption by Satisfaction, 1 POF2d 641.   Wills: Ademption of Legacy by Satisfaction or by Extinction, 91 POF3d 277.   C.J.S.   - 26B C.J.S., Descent and Distribution, §§ 95 et seq. 97 C.J.S., Wills, § 1742 et seq.   ALR.    - What amounts to an ademption or abatement of a legacy of a business or professional practice, 13 A.L.R. 173; 16 A.L.R.2d 1404.    Intent as a factor in determining whether there is an advancement, 26 A.L.R. 1089.    Presumption and burden of proof with respect to advancements to children, 26 A.L.R. 1106; 31 A.L.R.2d 1036.    Applicability of doctrine of advancements to testate succession, 32 A.L.R. 730.    Ademption of bequest of chattel by change in form, 40 A.L.R. 558.    Recovery of excess of advancement over distributable share in estate, 46 A.L.R. 1428.    Items in form of account as advancements, 49 A.L.R. 574.    What included in terms "notes," "securities," etc., in a bequest, 52 A.L.R. 1097.    Ademption or failure of substituted gift made by codicil or later will as preventing revocation, or effecting revival, of original gift to the same legatee or devisee, 59 A.L.R. 1106.    Change from absolute ownership of real property to mortgage interest by way of security, or vice versa, as ademption or revocation of legacy or devise, 65 A.L.R. 632.    Option given by testator before or after execution of will as ademption of specific legacy or devise, 79 A.L.R. 268; 155 A.L.R. 571.    Applicability of doctrine of advancements in case of pretermitted child or grandchild entitled by statute to the share which he would have received if testator had died intestate, 88 A.L.R. 375.    Interest or estate remaining in testator after conveyance or transfer of less than his entire interest or estate in property as passing under previously executed will covering property in question, 117 A.L.R. 1380.    Duty and liability of executor (or administrator with will annexed) in respect of personal property specifically bequeathed, and not needed for payment of debts, 127 A.L.R. 1071.    Doctrine of "advancements" as applicable to transfer by testator to devisee or legatee after execution of will, 142 A.L.R. 524.    Burden of debts and cost of administration as between residuary legatees, and heirs or next of kin who take lapsed, adeemed, or invalid legacies, 144 A.L.R. 476.    Doctrine of election as applicable where testator after the execution of the will transferred to one beneficiary the subject of a specific devise or bequest to another, 147 A.L.R. 735.    Devise of undivided interest as affected by partition of tract subsequent to execution of will, 162 A.L.R. 146.    Will charging distributee's share with advancement to or debt owing by him as invoking doctrine of hotchpot, 165 A.L.R. 899.   Construction and effect of general legacy conditional upon ademption of specific legacy or devise to legatee, 2 A.L.R.2d 819.   Right of general legatee of stocks, bonds, or other securities, where testator owns at time of death none such as are described in will or less than bequeathed, 22 A.L.R.2d 457.   Satisfaction or ademption of general legacy by inter vivos gift, transfer, or payment to the legatee or another, 26 A.L.R.2d 9.   Right of beneficiary as against estate of insured who borrowed on the policy, 31 A.L.R.2d 979.   Disposition of proceeds of insurance on property specifically bequeathed or devised, 35 A.L.R.2d 1056.   Ademption or revocation of specific devise or bequest by guardian, committee, or conservator of mentally or physically incompetent testator, 51 A.L.R.2d 770.   Codicil as reviving adeemed or satisfied bequest or devise, 58 A.L.R.2d 1072.   What amounts to ademption to specific legacy of corporate stock or other corporate securities, 61 A.L.R.2d 449.   Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.   Ademption of bequest of proceeds of property, 45 A.L.R.3d 10.   Change in stock or corporate structure, or split or substitution of stock of corporation, as affecting bequest of stock, 46 A.L.R.3d 7.   Ademption of legacy of business or interest therein, 65 A.L.R.3d 541.   Disposition of insurance proceeds of personal property specifically bequeathed or devised, 82 A.L.R.3d 1261.   Unexplained gratuitous transfer of property from one relative to another as raising presumption of gift, 94 A.L.R.3d 608.   Liability for wrongful autopsy, 18 A.L.R.4th 858.   Ademption of bequest of debt or balance on debt, 25 A.L.R.4th 88.   Proper disposition under will providing for allocation of express percentages or proportions amounting to more or less than whole of residuary estate, 35 A.L.R.4th 788.   Ademption or revocation of specific devise or bequest by guardian, committee, conservator, or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.