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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 1. GENERAL PROVISIONS

53-12-4. Law governing the validity of the trust.

Active

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

  1. (a)

    As to real property, the validity of a trust shall be determined by the law of the situs of the real property.#

  2. (b)

    As to all other property, the validity of a trust shall be determined by:#

    1. (1)

      The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or#

    2. (2)

      In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.#

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, § 53-12-4, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

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)-2021-pdf.pdf, Volume V40, 2021 edition, page 767; merge action: carried; file SHA-256 062775612dfc.