Official Code of Georgia Annotated

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

53-12-23. Capacity of settlor.

Active

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

A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will.

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, § 53-12-23, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

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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, pages 791 to 792; merge action: carried; file SHA-256 062775612dfc.