---
title: O.C.G.A. § 53-12-7. When trust and chapter conflict.
collection: code
id: 53-12-7
cite_as: O.C.G.A. § 53-12-7 (2025)
canonical_url: https://georgiacommons.org/code/53-12-7
md_url: https://georgiacommons.org/code/53-12-7.md
text_url: https://georgiacommons.org/code/53-12-7/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=772
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-12.md
previous: https://georgiacommons.org/code/53-12-6.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / GENERAL PROVISIONS
---

# O.C.G.A. § 53-12-7. When trust and chapter conflict.

(a) The effect of the provisions of this chapter may be varied by the trust instrument except:

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

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

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

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

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

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

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

## 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).