§ 53-3-22 - (Pre-1998 Probate Code) Approval of settlement agreement; notice and hearings; parties; guardian ad litem; effect of agreement - Georgia Statutes

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Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-22

O.C.G.A. 53-3-22 (2010)
53-3-22. (Pre-1998 Probate Code) Approval of settlement agreement; notice and hearings; parties; guardian ad litem; effect of agreement

(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious.

(b) All parties who are sui juris and affected by the settlement shall be authorized to enter into such an agreement, which shall be assented to in writing by all heirs at law of the testator and all sui juris beneficiaries affected by the settlement.

(c) All parties who are not sui juris or are otherwise incompetent, who have been properly served in the manner provided by law, and all unborn beneficiaries shall be represented in the proceedings by a guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the superior court his findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by the recommendations.

(d) A judgment entered in the superior court and based upon the settlement agreement shall be binding on all parties including persons not sui juris, unborn beneficiaries, and persons unknown who are represented before the court by a guardian ad litem.

(e) This Code section shall govern all proceedings pending on March 15, 1967, and all future proceedings.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-22

O.C.G.A. 53-3-22 (2010)
53-3-22. (Pre-1998 Probate Code) Approval of settlement agreement; notice and hearings; parties; guardian ad litem; effect of agreement

(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious.

(b) All parties who are sui juris and affected by the settlement shall be authorized to enter into such an agreement, which shall be assented to in writing by all heirs at law of the testator and all sui juris beneficiaries affected by the settlement.

(c) All parties who are not sui juris or are otherwise incompetent, who have been properly served in the manner provided by law, and all unborn beneficiaries shall be represented in the proceedings by a guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the superior court his findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by the recommendations.

(d) A judgment entered in the superior court and based upon the settlement agreement shall be binding on all parties including persons not sui juris, unborn beneficiaries, and persons unknown who are represented before the court by a guardian ad litem.

(e) This Code section shall govern all proceedings pending on March 15, 1967, and all future proceedings.

State Codes and Statutes

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State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-22

O.C.G.A. 53-3-22 (2010)
53-3-22. (Pre-1998 Probate Code) Approval of settlement agreement; notice and hearings; parties; guardian ad litem; effect of agreement

(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious.

(b) All parties who are sui juris and affected by the settlement shall be authorized to enter into such an agreement, which shall be assented to in writing by all heirs at law of the testator and all sui juris beneficiaries affected by the settlement.

(c) All parties who are not sui juris or are otherwise incompetent, who have been properly served in the manner provided by law, and all unborn beneficiaries shall be represented in the proceedings by a guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the superior court his findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by the recommendations.

(d) A judgment entered in the superior court and based upon the settlement agreement shall be binding on all parties including persons not sui juris, unborn beneficiaries, and persons unknown who are represented before the court by a guardian ad litem.

(e) This Code section shall govern all proceedings pending on March 15, 1967, and all future proceedings.