Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 5. SPENDTHRIFT PROVISIONS AND CREDITORS’ RIGHTS AND CLAIMS

53-12-81. Limitations on creditors’ rights to discretionary distributions.

Active

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

A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director is also a beneficiary. This Code section shall not apply to the extent of the portion of trust property of which such beneficiary is the donor.

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, § 53-12-81, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 12/HB 121; Ga. L. 2020, p. 377, § 1-78/HB 865; Ga. L. 2025, p. 806, § 74/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “portion of trust property of which such beneficiary is the donor” for “proportion of trust property attributable to the beneficiary’s contribution” in the second sentence.

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

Text read from t52-t53-(v40)-pdf.pdf, Volume V40, 2021 edition, 2025 supplement, pages 102 to 103; merge action: replaced; file SHA-256 d9d2be0e71ce.

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