---
title: O.C.G.A. § 44-6-204. Exceptions to applicability of article.
collection: code
id: 44-6-204
cite_as: O.C.G.A. § 44-6-204 (2025)
canonical_url: https://georgiacommons.org/code/44-6-204
md_url: https://georgiacommons.org/code/44-6-204.md
text_url: https://georgiacommons.org/code/44-6-204/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-pdf.pdf?sfvrsn=6890e72d_0#page=148
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-6.md
previous: https://georgiacommons.org/code/44-6-203.md
next: https://georgiacommons.org/code/44-6-205.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ESTATES / UNIFORM STATUTORY RULE AGAINST PERPETUITIES
extraction_warnings:
  - dehyphenation_unverified:distrib-uting
---

# O.C.G.A. § 44-6-204. Exceptions to applicability of article.

Code Section 44-6-201 shall not apply to:

(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

(A) A premarital or postmarital agreement;

(B) A separation or divorce settlement;

(C) A spouse’s election;

(D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;

(E) A contract to make or not to revoke a will or trust, including, but not necessarily limited to, a contract made pursuant to Code Section 53-4-30;

(F) A contract to exercise or not to exercise a power of appointment;

(G) A transfer in satisfaction of a duty of support; or

(H) A reciprocal transfer;

(2) A fiduciary’s power relating to the administration or management of assets, including:

(A) The power of a fiduciary to sell, lease, or mortgage property;

(B) The power of a fiduciary to determine principal and income; and

(C) A power of direction, as such term is defined in Code Section 53-12-500;

(3) A power to appoint a fiduciary;

(4) A discretionary power of a trustee to distribute or of a trust director to direct the distribution of principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; provided, however, that nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection (a) of Code Section 44-6-201;

(5) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or

(7) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.

## History

Code 1981, § 44-6-204, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2025, p. 806, § 25/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, added “, including, but not necessarily limited to, a contract made pursuant to Code Section 53-4-30” at the end of subparagraph (1)(E); added the subparagraph (2)(A) and (2)(B) designations; substituted “The power” for “the power” in subparagraph (2)(A); substituted “The power of a fiduciary to determine principal and income; and” for “and the power of a fiduciary to determine principal and income;” in subparagraph (2)(B); added subparagraph (2)(C); and, in paragraph (4), inserted “or of a trust director to direct the distribution of” and substituted “; provided, however, that nothing” for “. Nothing”.