The Civil Code of Georgia establishes the concept of an unworthy heir, specifically:
Neither by law nor by will can a person be an heir who intentionally prevented the decedent from expressing their last will, thereby facilitating the appointment of themselves or their close relatives as heirs or increasing their share in the inheritance, or who committed an intentional crime or other immoral act contrary to the testator's last will as expressed in the will, if these circumstances are confirmed by the court (unworthy heir).
The following circumstances must be taken into account:
– The circumstance that serves as the basis for depriving the unworthy heir of the right to inherit must be established by the court.
– A claim must be filed with the court by the person for whom the deprivation of the right to inherit from the unworthy heir results in specific property consequences.
– The unworthy heir loses the right to receive the inheritance.
– If a person is declared unworthy to inherit by the court after receiving the inheritance, they are obliged to return everything received by inheritance, including fruits and income.
– The only way for an unworthy heir to receive the inheritance is if the decedent forgives them and expressly states this decision in the will. Revocation of forgiveness is not permitted.
