O.C.G.A.

O.C.G.A. § 53-12-101 (2019)

Making of testamentary additions to trusts

✓ 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) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, even if the settlor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator’s will and its provisions are set forth in a written trust instrument, other than a will, executed before or concurrently with the execution of the testator’s will or in the valid last will of a person who has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20. The devise or bequest shall not be invalid because the trust is amendable or revocable or both or because the trust was amended after the execution of the will or after the death of the testator.

(b) Unless the testator’s will provides otherwise, the property so devised or bequeathed:

(1) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is devised or bequeathed; and

(2) Shall be administered and disposed of in accordance with the provisions of the trust instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death.

(c) Unless the testator’s will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.

History

Code 1981, § 53-12-101, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-14-2 and former O.C.G.A. § 53-12-71 of the 1991 Trust Act are included in the annotations for this Code section.

Cited in Public Interest Bounty Hunters v. Board of Governors, 548 F. Supp. 157 (N.D. Ga. 1982); Cames v. Joiner (In re Joiner), 319 B.R. 903 (Bankr. M.D. Ga. 2004).

RESEARCH REFERENCES U.L.A. - Uniform Testamentary Additions to Trusts Act (U.L.A.) § 1. ALR. - Reference in will to extrinsic

trust instrument for terms of trust created or enlarged by will, 80 A.L.R. 103.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018).
Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018). · cites it 4× “See OCGA § 53-12-20 (b) (1) (intent is a necessary element of establishing an express trust); OCGA § 53-12-101 (b) (property devised by a will to a trust shall be disposed of in accordance with the provisions of the trust instrument or will setting forth the trust terms).”
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.