Official Code of Georgia Annotated

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

53-12-29. Conditions in terrorem in trust documents.

Active

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

A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except that a condition in terrorem shall not be enforceable against an individual for:
(1)
Bringing an action for interpretation or enforcement of a trust instrument;#
(2)
Bringing an action for an accounting, for removal, or for other relief against a trustee; or#
(3)
Entering into a settlement agreement.#

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, § 53-12-29, enacted by Ga. L. 2025, p. 806, § 69/HB 327, effective July 1, 2025.

This Code section became effective July 1, 2025.

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 89; merge action: added; file SHA-256 d9d2be0e71ce.