Disposition of lapsed or void testamentary gift of residuum

(a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum. (b) A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy. History. — Code 1981, § 53-4-65, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section replaces former OCGA Sec. 53-2-104. This section provides that lapsed gifts of real and personal property are treated the same in that they fall to the residue of the estate. This section also provides that a lapsed share of a 438 53-4-66 residuary beneficiary will pass by intestacy unless there are other residuary beneficiaries surviving, in which case the predeceased beneficiary’s share shall go to the other residuary beneficiaries in proportion to each beneficiary’s share of the residuum.