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Official Code of Georgia Annotated

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

53-12-7. When trust and chapter conflict.

Active

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

  1. (a)

    The effect of the provisions of this chapter may be varied by the trust instrument except:#

    1. (1)

      As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;#

    2. (2)

      As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;#

    3. (3)

      As to the power of the beneficiaries to modify a trustee’s compensation as provided in Code Section 53-12-210;#

    4. (4)

      As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;#

    5. (5)

      As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303;#

    6. (6)

      As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and#

    7. (7)

      As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.#

  2. (b)

    Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.#

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, § 53-12-7, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134; Ga. L. 2020, p. 377, § 1-71/HB 865. The 2020 amendment, effective January 1, 2021, in subsection (a), deleted ‘‘and’’ at the end of paragraph (a)(5), added ‘‘; and’’ at the end of paragraph (a)(6), and added paragraph (a)(7).

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