ARTICLE 2 CREATION AND VALIDITY OF EXPRESS TRUSTS

53-12-22. Trust purposes and conditions in terrorem.

A trust may be created for any lawful purpose.

A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out.

(Code 1981, §53-12-22, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

JUDICIAL DECISIONS

Clause valid.

- In terrorem clause in the subject trust contained an alternative disposition in the event the clause was triggered and, thus, it passed the test in O.C.G.A. § 53-12-22(b). Duncan v. Rawls, 345 Ga. App. 345, 812 S.E.2d 647 (2018).

No good faith / probable cause exception.

- Trial court correctly concluded that no good faith/probable cause exception existed in O.C.G.A. § 53-12-22. Duncan v. Rawls, 345 Ga. App. 345, 812 S.E.2d 647 (2018).

Cases Citing O.C.G.A. § 53-12-22

Total Results: 2 | Sort by: Relevance | Newest First

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Slosberg v. Giller, 876 S.E.2d 228 (Ga. 2022).

Cited 7 times | Published | Supreme Court of Georgia | Jun 30, 2022 | 314 Ga. 89

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Fowler v. Montgomery, 326 S.E.2d 765 (Ga. 1985).

Cited 4 times | Published | Supreme Court of Georgia | Mar 15, 1985 | 254 Ga. 118

...Appellant contends that a warranty deed regular on its face and given for valuable consideration cannot be engrafted with an express trust by parol evidence. We agree. An express trust is one which is created and manifested by agreement of the parties. OCGA § 53-12-22....

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2018 Georgia Code 53-12-22 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.