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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-12-22 Case Law from Google Scholar Amendments to OCGA 53-12-22

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 2 CREATION AND VALIDITY OF EXPRESS TRUSTS

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

  1. A trust may be created for any lawful purpose.
  2. 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).

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