Caldwell v. Walraven

In Caldwell v. Walraven, 268 Ga. 444 (490 S.E.2d 384) (1997), the Supreme Court of Georgia reasoned that because O.C.G.A. 7-1-812 (a) is identical to a provision in the Uniform Probate Code, as originally approved in 1969, the interpretation, cases, and comments on that section of the probate code should be adopted and applied to O.C.G.A. 7-1-812 (a). Id. at 448-449 (3). Those cases and commentaries agree unanimously that the statute creates a presumption that one funding a joint account does not intend to make a gift of the funds of the account during life, although this presumption may be rebutted by clear evidence to the contrary. Id.