Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 14. TRUSTEE LIABILITY

53-12-308. Personal liability of trustee.

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

(a)
A trustee shall not be personally liable on any warranty made in any conveyance unless the intention to create a personal liability is distinctly expressed.#
(b)
Unless otherwise provided in the contract, a trustee shall not be personally liable on contracts properly entered into in the trustee’s fiduciary capacity unless the trustee fails to reveal the trustee’s representative capacity in the contract.#
(c)
A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary.#

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.

History

Code 1981, § 53-12-308, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Law reviews

For article, ‘‘Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,’’ see 15 (No. 5) Ga. St. B.J. 12 (2010).

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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, page 920; merge action: carried; file SHA-256 062775612dfc.

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