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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 9. UNIFORM STATUTORY RULE AGAINST PERPETUITIES

44-6-203. Reform of disposition by court to approximate transferor’s plan of distribution.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Upon the petition of a trustee, trust director, or other person whose interests would be affected, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:

  2. (1)

    A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201;#

  3. (2)

    A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or#

  4. (3)

    A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-6-203, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 2/HB 121; Ga. L. 2025, p. 806, § 24/HB 327, effective July 1, 2025.

Amendments

The 2018 amendment, effective July 1, 2018, substituted “number of years allowed by paragraph (2) of subsection (a), (b), or (c)” for “90 years allowed by paragraph (2) of subsection (a), paragraph (2) of subsection (b), or paragraph (2) of subsection (c)” in the middle of the introductory paragraph; and substituted “360 years” for “90 years” in paragraph (3). The 2025 amendment, effective July 1, 2025, substituted “a trustee, trust director, or other person whose interests would be affected” for “an interested person” in the introductory paragraph.

Law reviews

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 147 to 148; merge action: replaced; file SHA-256 a165b4d6b81d.