Título 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Capítulo 12. TRUSTS · Artículo 14. TRUSTEE LIABILITY
53-12-307. Limitation of actions.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (a)
Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary was sent a written report that adequately disclosed the existence of a claim against the trustee for a breach of trust, the claim shall be barred as to that beneficiary unless a proceeding to assert the claim is commenced within two years after the date the beneficiary was sent such report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of such claim or reasonably should have inquired into the existence of such claim. If the beneficiary was not sent a report that adequately disclosed the existence of a claim against the trustee for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding to assert such claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of such claim.#
- (b)
A successor trustee’s claim against a predecessor trustee shall be barred unless a proceeding to assert such claim is commenced within two years after such successor trustee takes office.#
- (c)
A trustee’s claim against a cotrustee shall be barred unless a proceeding to assert such claim is commenced within two years after the date the cause of action against the cotrustee arises.#
History
Code 1981, § 53-12-307, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. 806, § 88/HB 327, effective July 1, 2025.
Amendments
The 2025 amendment, effective July 1, 2025, in (a), in the first sentence, substituted “was sent” for “has received”, “disclosed” for “discloses”, and “the date the beneficiary was sent such report” for “receipt of the report”, and, in the last sentence, substituted “was not sent a report that adequately disclosed” for “has not received a report which adequately discloses”.
Law reviews
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 74 Mercer L. Rev. 277 (2022).
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t52-t53-(v40)-pdf.pdf, Volumen V40, edición 2021, suplemento de 2025, páginas 123 a 124; acción de fusión: replaced; SHA-256 del archivo d9d2be0e71ce.