Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 2. CREATION AND VALIDITY OF EXPRESS TRUSTS

53-12-21. Formal and precatory words.

Active

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

(a)
No formal words shall be necessary to create an express trust.#
(b)
Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor’s intention to impose enforceable duties on a trustee and if all other elements of an express trust are present.#

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.

Code 1981, § 53-12-21, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

For article, ‘‘The Rule Against Perpetuities as Applied to Georgia Wills and Trusts,’’ see 16 Ga. L. Rev. 235 (1982).

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 787; merge action: carried; file SHA-256 062775612dfc.