Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-12-22 of the 1991 Trust Act are included in the annotations for this Code section.

Mental capacity to create trust.

- In a family dispute over the inheritance of real property, although the trial court's grant of summary judgment on the basis of mootness was erroneous, the grant of summary judgment was upheld as the evidence the appellant presented regarding mental capacity was not sufficient for the appellant's claim to survive summary judgment because the statements of the appellant and the appellant's wife that the decedent was noticeably weakened and upset during and after August 2010 were not sufficient to demonstrate the entire lack of understanding at the time of the decedent's execution of the trust-related documents that was required to invalidate the revocation of the 1999 trust, the 2010 irrevocable trust agreement, and the 2010 deed. Mullis v. Welch, Ga. App. , S.E.2d (June 19, 2018).

Cited in Hayes v. Clark, 242 Ga. App. 411, 530 S.E.2d 38 (2000).