Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 7. IMPLIED TRUSTS

53-12-130. Resulting trusts.

Active

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

A resulting trust is a trust implied for the benefit of the settlor or the settlor’s successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property under any of the following circumstances:
(1)
A trust is created but fails, in whole or in part, for any reason;#
(2)
A trust is fully performed without exhausting all the trust property; or#
(3)
A purchase money resulting trust as defined in subsection (a) of Code Section 53-12-131 is established.#

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, § 53-12-130, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

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)-2021-pdf.pdf, Volume V40, 2021 edition, page 816; merge action: carried; file SHA-256 062775612dfc.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.