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2018 Georgia Code 53-12-27 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-12-27 Case Law from Google Scholar Amendments to OCGA 53-12-27

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

53-12-27. Construction; parol evidence.

When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent.

(Code 1981, §53-12-27, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-12-27 of the 1991 Trust Act are included in the annotations for this Code section.

Meaning of "foundation."

- Word "foundation" as used in a trust was ambiguous as the settlor did not establish a foundation at the time of the settlor's death and it could not be determined whether the settlor had a charitable intent; thus, the trial court should have considered parol evidence under former O.C.G.A. § 53-12-27 (see O.C.G.A. § 53-12-27) to explain the ambiguity and to determine the settlor's intent. Baker v. Merrill Lynch Trust Co., 286 Ga. App. 767, 650 S.E.2d 296 (2007), cert. denied, 2007 Ga. LEXIS 810 (Ga. 2007) (decided under former O.C.G.A. § 53-12-27).

Cases Citing O.C.G.A. § 53-12-27

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Lee v. Lee, 392 S.E.2d 870 (Ga. 1990).

Cited 23 times | Published | Supreme Court of Georgia | Jul 5, 1990 | 260 Ga. 356

...In Georgia, implied trusts "are such as are inferred by law from the nature of the transaction or the conduct of the parties [cit.], and are either resulting or constructive." Aetna Life Ins. Co. v. Weekes, 241 Ga. 169, 171 (244 SE2d 46) (1978); OCGA §§ 53-12-26; 53-12-27....