TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 13 TRUSTEES' DUTIES AND POWERS

53-12-263. Incorporation of powers by reference.

1. By an expressed intention of the testator or settlor contained in a will or in a trust instrument in writing whereby an express trust is created, any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the trust instrument.
2. At any time after the execution of a revocable trust, the settlor or anyone who is authorized by the trust instrument to modify the trust may incorporate any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the incorporation.
3. Incorporation of one or more of the powers contained in this part, by reference to the appropriate portion of Code Section 53-12-261, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary.
4. 1. A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); former Code Section 53-12-232 or 53-15-3; or Code Section 15-12-261, which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signed the trust instrument shall be effective notwithstanding the subsequent repeal or amendment of such statute.
   2. A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-15-3 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232.
5. If any or all of the powers contained in this part are incorporated by reference into a will by a testator, then as used in this part the term:
   1. "Beneficiary" includes a distributee of the estate.
   2. "Trust" includes the estate held by the personal representative; and
   3. "Trustee" or "fiduciary" includes the personal representative.

(Code 1981, §53-12-263, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 13/SB 134; Ga. L. 2011, p. 752, § 53/HB 142; Ga. L. 2018, p. 262, § 21/HB 121.)

The 2011 amendments. The first 2011 amendment, effective May 12, 2011, substituted ", 53-12-232, or 53-15-3" for "53-12-232" in paragraph (d)(1); and inserted "or 53-15-3" in paragraph (d)(2). The second 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, substituted "part" for "article" in subsections (b) and (c) and in the introductory language of subsection (e).

The 2018 amendment, effective July 1, 2018, in paragraph (d)(1), substituted "former Code Section 53-12-232 or 53-15-3; or Code Section 15-12-261," for "or former Code Section 53-12-40, 53-12-232, or 53-15-3" near the middle, substituted "signed" for "signs" in the middle, and inserted "or amendment" near the end; substituted "Code Section 53-15-3" for "Code Section 53-12-40 or" in paragraph (d)(2); and, in subsection (e), added ", then as used in this part the term" at the end of the introductory paragraph, added paragraph (e)(1), redesignated former paragraph (e)(1) as present paragraph (e)(2), in paragraph (e)(2), substituted " 'Trust' " for "The term 'trust'" at the beginning, added "and" at the end, redesignated former paragraph (e)(2) as present paragraph (e)(3), in paragraph (e)(3), substituted " 'Trustee' for "The term 'trustee'" at the beginning, deleted "; and" at the end; and deleted former paragraph (e)(3), which read: "The term 'beneficiaries of the trust' includes distributees of the estate".