Title 53, Chapter 4, Section 64
( 53-4-64)
(a) 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. (b) 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. (c) 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. |