Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 3. REVOCABLE TRUSTS

53-12-40. Revocation and modification generally.

Active

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

(a)
A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power.#
(b)
A power to revoke shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke.#
(c)
Any revocation or modification of an express trust shall be in writing and signed by the settlor.#

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, § 53-12-40, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Law reviews

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).

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, pages 794 to 795; merge action: carried; file SHA-256 062775612dfc.

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