O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-12-28 (2019)

Trusts for animals

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A trust may be created to provide for the care of an animal that is alive during the settlor’s lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal. (b) A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (c) Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order: (1) As directed in the trust instrument; (2) If the trust was created in a nonresiduary clause in the settlor’s will or in a codicil to the settlor’s will, under the residuary clause in the settlor’s will; and (3) If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor’s heirs, as determined under Code Section 53-2-1.

History

Code 1981, § 53-12-28, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

ARTICLE 3 REVOCABLE TRUSTS

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 76 Am. Jur. 2d, Trusts, § 25. Am. Jur. Pleading and Practice

Forms. - Am. Jur. Pleading and Practice Forms, Trusts, §§ 11, 29, 31, 33, 34.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1983–2023 · leading case: In Re Hipple, 225 B.R. 808 (Bankr. N.D. Ga. 1996).
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In Re Hipple, 225 B.R. 808 (Bankr. N.D. Ga. 1996). · cites it 17× “These are spendthrift provisions which prohibit the voluntary or involuntary transfer of Debtor’s beneficial interests. The accounts were established by Debtor’s former employer, and he has no access to the corpus and no dominion or control over the accounts.”
Brown v. Citizens & S. Nat'l Bank, 317 S.E.2d 180 (Ga. 1984). · cites it 4× “Brown’s contributions toward purchase of the automobile should be construed to be a gift under OCGA § 53-12-28, and that the burden of showing that the transaction was fair was upon the defendants pursuant to OCGA § 19-3-10.”
Est. of Spruill v. Comm'r, 88 T.C. 1197 (Tax Ct. 1987). “Respondent argues that petitioners must prove the existence of a resulting trust by clear and convincing evidence, citing Ga. Code Ann. sec. 53-12-28 (1982), which provides: "As between husband and wife, parent and child, and brothers and sisters, when one pays the purchase…”
Coleman v. Hainlen (In Re Hainlen), 365 B.R. 288 (Bankr. S.D. Ga. 2007). · cites it 6× “Georgia’s spendthrift provisions are set forth in O.C.G.A. § 53-12-28 which provides: (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred…”
Speed v. Speed, 430 S.E.2d 348 (Ga. 1993). · cites it 2× “) OCGA § 53-12-28 (c). The husband argues that because his physical disability removes him from the exception for alimony, the spendthrift clause protects the trust property from the wife’s claims.”
Duvall v. McGee, 826 A.2d 416 (Md. 2003). · cites it 2× “Georgia: O.C.G.A. § 53-12-28(c) (2002) (spendthrift provisions are valid except for certain claims against distributions, among which are tort judgments).”
Jordan v. Caswell, 450 S.E.2d 818 (Ga. 1994). · cites it 2× “The Georgia Trust Act (effective July 1, 1991) provides in OCGA § 53-12-28 (c), that spendthrift provisions are valid except for certain claims against distributions, one class of which claims is tort judgments.”
Hinkle v. Hinkle, 306 S.E.2d 705 (Ga. Ct. App. 1983). · cites it 2× “OCGA § 53-12-28 (Code Ann. § 108-1126), creating the presumption of a gift between certain near relatives “when one pays the purchase price money for property and causes the conveyance to be made to the other,” is clearly inapplicable to the facts of the instant case because…”
Moore v. Phillips Ex Rel. D.J.P. Trust (In Re Phillips), 411 B.R. 467 (Bankr. S.D. Ga. 2008). · cites it 4× “He thus has retained full control of the corpus, and that control runs afoul of O.C.G.A. § 53-12-28. 2 As a re- *473 suit, I hold that the corpus of the D.”
Two Rivers Irrevocable Trust (Bankr. M.D. Ga. 2023). · cites it 2× “2007); O.C.G.A. §§ 53-12-28(a) and (b). Thus, a trust which includes an enforceable spendthrift clause is “powerful evidence that the trust does not have a business purpose.”
— 53-12-28(a) — 3 cases
In Re Hipple, 225 B.R. 808 (Bankr. N.D. Ga. 1996). “These are spendthrift provisions which prohibit the voluntary or involuntary transfer of Debtor’s beneficial interests. The accounts were established by Debtor’s former employer, and he has no access to the corpus and no dominion or control over the accounts.”
Coleman v. Hainlen (In Re Hainlen), 365 B.R. 288 (Bankr. S.D. Ga. 2007). “Georgia’s spendthrift provisions are set forth in O.C.G.A. § 53-12-28 which provides: (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred…”
Two Rivers Irrevocable Trust (Bankr. M.D. Ga. 2023). “2007); O.C.G.A. §§ 53-12-28(a) and (b). Thus, a trust which includes an enforceable spendthrift clause is “powerful evidence that the trust does not have a business purpose.”
— 53-12-28(c) — 2 cases
In Re Hipple, 225 B.R. 808 (Bankr. N.D. Ga. 1996). “These are spendthrift provisions which prohibit the voluntary or involuntary transfer of Debtor’s beneficial interests. The accounts were established by Debtor’s former employer, and he has no access to the corpus and no dominion or control over the accounts.”
Duvall v. McGee, 826 A.2d 416 (Md. 2003). “Georgia: O.C.G.A. § 53-12-28(c) (2002) (spendthrift provisions are valid except for certain claims against distributions, among which are tort judgments).”
— 53-12-28(d) — 2 cases
In Re Hipple, 225 B.R. 808 (Bankr. N.D. Ga. 1996). “These are spendthrift provisions which prohibit the voluntary or involuntary transfer of Debtor’s beneficial interests. The accounts were established by Debtor’s former employer, and he has no access to the corpus and no dominion or control over the accounts.”
Coleman v. Hainlen (In Re Hainlen), 365 B.R. 288 (Bankr. S.D. Ga. 2007). “Georgia’s spendthrift provisions are set forth in O.C.G.A. § 53-12-28 which provides: (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred…”
— 53-12-28(e) — 1 case
Moore v. Phillips Ex Rel. D.J.P. Trust (In Re Phillips), 411 B.R. 467 (Bankr. S.D. Ga. 2008). “He thus has retained full control of the corpus, and that control runs afoul of O.C.G.A. § 53-12-28. 2 As a re- *473 suit, I hold that the corpus of the D.”
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