Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 1. GENERAL PROVISIONS · Article 1. IN GENERAL

53-1-9. Construction of title with common law and equity.

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

Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state. Without limitation:
(1)
No provision of this title shall be construed to imply that any other Code section or the common law did not, prior to the enactment of such provision, impose, permit, or otherwise address a duty, power, relationship, or any other matter governed by such provision; and#
(2)
The failure of the General Assembly to codify an established principle of common law or equity governing wills, trusts, and the administration of estates shall not be construed as evidence that the General Assembly intended to reject that principle unless this title or another provision of law is inconsistent with that principle or there is other evidence the General Assembly intended that such principle should no longer apply.#

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, § 53-1-9, enacted by Ga. L. 2020, p. 377, § 1-1/HB 865; Ga. L. 2025, p. 806, § 33/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, rewrote this Code section.

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 t52-t53-(v40)-pdf.pdf, Volume V40, 2021 edition, 2025 supplement, page 29; merge action: replaced; file SHA-256 d9d2be0e71ce.

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