O.C.G.A.

O.C.G.A. § 44-6-205 (2019)

Applicability of article; court reform of nonvested dispositions created before article became effective

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is

created on or after May 1, 1990. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (b) With respect to a nonvested property interest or a power of appointment that was created before May 1, 1990, and that violates this state’s rule against perpetuities as that rule existed before May 1, 1990, a court upon the petition of an interested party may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

History

(Code 1981, § 44-6-205, enacted by Ga. L. 1990, p. 1837, § 2.)

Annotations

JUDICIAL DECISIONS In general. - Trial court properly utilized the court’s statutory authority under O.C.G.A. § 44-6-205(b) to reform a trust instrument that violated the rule against

perpetuities. Scott v. South Trust Asset Mgt. Co., 274 Ga. 523, 555 S.E.2d 732 (2001). Cited in Stephens v. Trust for Pub. Land, 475 F. Supp. 2d 1299 (N.D. Ga. 2007).

Notes of Decisions

Cited in 4 cases, 1998–2014 · leading case: Cartersville Ranch, LLC v. Dellinger, 758 S.E.2d 781 (Ga. 2014).

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Cartersville Ranch, LLC v. Dellinger, 758 S.E.2d 781 (Ga. 2014). · cites it 4× “15 Moreover, we find Dellinger has requested, and under the *202 facts presented would be entitled to, equitable reformation of the 1918 deed pursuant to OCGA § 44-6-205 (b). As a result, the trial court properly granted summary judgment in favor of Dellinger on this claim.”

Smith v. Stuckey, 503 S.E.2d 284 (Ga. Ct. App. 1998). · cites it 2× “OCGA § 44-6-205 (1). The earlier statute, which was repealed when the uniform rule was adopted, provided, “Limitations of estates may extend through any number of lives in being at the time when the limitations commence, and 21 years, and the usual period of gestation added…”

Stephens v. Trust for Pub. Land, 475 F. Supp. 2d 1299 (N.D. Ga. 2007). · cites it 2× “According to the plain language of the statute, it governs all nonvested property interests created on or after May 1, 1990, O.C.G.A. § 44-6-205, and as such, applies to the RFO.”

Scott v. South Trust Asset Mgmt. Co., 555 S.E.2d 732 (Ga. 2001). · cites it 5× “Pursuant to OCGA § 44-6-205 (b), 1 the trial court reformed the trust to provide that upon the death of the testator’s son, the lineal descendants of the son would receive the income from the trust for 21 years or until the death of the last surviving lineal descendant,…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.