Section 53-4-69. Election by beneficiary with claim adverse to will  


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  •    A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.
Code 1981, § 53-4-69, enacted by Ga. L. 1996, p. 504, § 10.