---
title: O.C.G.A. § 53-12-301. Actions for breach of trust.
collection: code
id: 53-12-301
cite_as: O.C.G.A. § 53-12-301 (2025)
canonical_url: https://georgiacommons.org/code/53-12-301
md_url: https://georgiacommons.org/code/53-12-301.md
text_url: https://georgiacommons.org/code/53-12-301/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=122
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 / TRUSTEE LIABILITY
extraction_warnings:
  - dehyphenation_unverified:nonchari-table
---

# O.C.G.A. § 53-12-301. Actions for breach of trust.

(a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek:

(1) To recover damages;

(2) To compel the trustee to perform the trustee’s duties;

(3) To require an accounting;

(4) To enjoin the trustee from committing a breach of trust;

(5) To compel the trustee to redress a breach of trust by payment of money or otherwise;

(6) To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a temporary trustee;

(7) To remove the trustee; and

(8) To reduce or deny compensation of the trustee.

(b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to such assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice.

(c) The remedy set forth in subsection (c) of Code Section 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362.

(d) If the settlor of a trust provides for both charitable and noncharitable purposes, the settlor or a donor may maintain a civil action to enforce the charitable purposes of the trust.

(e) The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law.

## History

Code 1981, § 53-12-301, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. HB 327, § 87/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, added subsection (d) and redesignated the provisions of former subsection (d) as subsection (e).