---
title: O.C.G.A. § 53-12-3. Construction with common law and equity.
collection: code
id: 53-12-3
cite_as: O.C.G.A. § 53-12-3 (2025)
canonical_url: https://georgiacommons.org/code/53-12-3
md_url: https://georgiacommons.org/code/53-12-3.md
text_url: https://georgiacommons.org/code/53-12-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=84
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / GENERAL PROVISIONS
---

# O.C.G.A. § 53-12-3. Construction with common law and equity.

Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state. Without limitation:

(1) No provision of this chapter 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 trusts shall not be construed as evidence that the General Assembly intended to reject that principle unless this chapter 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.

## History

Code 1981, § 53-12-3, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. 806, § 65/HB 327, effective July 1, 2025.

## Amendments

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