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2018 Georgia Code 53-12-4 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 1 GENERAL PROVISIONS

53-12-4. Law governing the validity of the trust.

  1. As to real property, the validity of a trust shall be determined by the law of the situs of the real property.
  2. As to all other property, the validity of a trust shall be determined by:
    1. The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or
    2. In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.

(Code 1981, §53-12-4, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

JUDICIAL DECISIONS

Cited in Reeves v. Newman, 287 Ga. 317, 695 S.E.2d 626 (2010).

Cases Citing Georgia Code 53-12-4 From Courtlistener.com

Total Results: 4

Reeves v. Newman

Court: Supreme Court of Georgia | Date Filed: 2010-06-07

Citation: 695 S.E.2d 626, 287 Ga. 317

Snippet: trusts are always considered equitable. See OCGA § 53-12-4. However, as this Court's precedent makes clear

Warren v. Board of Regents of the University System

Court: Supreme Court of Georgia | Date Filed: 2000-03-06

Citation: 527 S.E.2d 563, 272 Ga. 142, 2000 Fulton County D. Rep. 931, 2000 Ga. LEXIS 209

Snippet: trusts are always considered equitable. See OCGA § 53-12-4. However, as this Court's precedent makes clear

Griffith v. Beavers

Court: Supreme Court of Georgia | Date Filed: 1989-10-19

Citation: 259 Ga. 479, 384 S.E.2d 650

Snippet: requires him to retain the legal estate. (b) OCGA § 53-12-4 provides: In an executed trust for the benefit

Odum v. Henry

Court: Supreme Court of Georgia | Date Filed: 1985-09-26

Citation: 334 S.E.2d 304, 254 Ga. 739, 1985 Ga. LEXIS 836

Snippet: his or her property takes legal title. OCGA § 53-12-4; Munford v. Peeples, 152 Ga. 31 (2) (108 SE 454)