Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 6. ESTATES · Article 9. UNIFORM STATUTORY RULE AGAINST PERPETUITIES
44-6-205. Applicability of article; court reform of nonvested dispositions created before article became effective.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2018. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.#
- (b)
With respect to a nonvested property interest or a power of appointment that was created before July 1, 2018, and that violates this state’s rule against perpetuities as that rule existed before July 1, 2018, a court, upon the petition of a trustee, trust director, or other person whose interests would be affected, may:#
- (1)
Subject to Code Section 23-1-4, exercise its equitable power;#
- (2)
Approve a nonjudicial settlement agreement or make any related determination under subsection (c) of Code Section 53-12-9;#
- (3)
Approve a petition to modify or terminate an irrevocable trust under Code Section 53-12-61; or#
- (4)
Declare that the exercise of the power to invade the principal of the original trust under subsection (b) of Code Section 53-12-62 is appropriate and effective#
so that the nonvested property interest is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created to reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History
Code 1981, § 44-6-205, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 3/HB 121; Ga. L. 2025, p. 806, § 26/HB 327, effective July 1, 2025.
Amendments
The 2018 amendment, effective July 1, 2018, substituted “July 1, 2018” for “May 1, 1990” in the first sentence of subsection (a) and twice in subsection (b). The 2025 amendment, effective July 1, 2025, rewrote subsection (b).
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 149 to 150; merge action: replaced; file SHA-256 a165b4d6b81d.