Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 4. REFORMATION, MODIFICATION, DIVISION, CONSOLIDATION, AND TERMINATION OF TRUSTS

53-12-60. Reformation to correct mistakes.

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

(a)
If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor’s intention.#
(b)
A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor’s estate.#
(c)
Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries.#

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, § 53-12-60, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-75/HB 865. The 2020 amendment, effective January 1, 2021, inserted ‘‘, any trust director,’’ in subsection (b); and substituted ‘‘, any trust director, and all qualified beneficiaries’’ for ‘‘and all beneficiaries’’ in subsection (c).

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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 797; merge action: carried; file SHA-256 062775612dfc.

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