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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 O.C.G.A. § 53-12-4

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Reeves v. Newman, 695 S.E.2d 626 (Ga. 2010).

Cited 15 times | Published | Supreme Court of Georgia | Jun 7, 2010 | 287 Ga. 317

...equitable remedy does not automatically trigger this Court's jurisdiction. In Warren, supra, we faced a similar argument. There, we noted: "The parties urge that cases involving the administration of trusts are always considered equitable. See OCGA § 53-12-4....
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Warren v. Bd. of Regents of the Univ. Sys., 527 S.E.2d 563 (Ga. 2000).

Cited 13 times | Published | Supreme Court of Georgia | Mar 6, 2000 | 272 Ga. 142, 2000 Fulton County D. Rep. 931

...that relief. This Court is not called upon to review any equitable decision of the court below, nor is any equity issue presented on appeal. The parties urge that cases involving the administration of trusts are always considered equitable. See OCGA § 53-12-4....
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Odum v. Henry, 334 S.E.2d 304 (Ga. 1985).

Cited 1 times | Published | Supreme Court of Georgia | Sep 26, 1985 | 254 Ga. 739

...As to the issue as to which of the parties shall manage the trust, generally, trusts are executed when everything is done that is required of the trustee, and in such cases a person capable of taking and managing his or her property takes legal title. OCGA § 53-12-4; Munford v....
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Griffith v. Beavers, 259 Ga. 479 (Ga. 1989).

Published | Supreme Court of Georgia | Oct 19, 1989 | 384 S.E.2d 650

...In executory trusts, something remains to be done by the trustee, either to secure the property, to ascertain the objects of the trust, to distribute according to a specified mode, or to do some other act, the doing of which requires him to retain the legal estate. (b) OCGA § 53-12-4 provides: In an executed trust for the benefit of a person capable of taking and managing property in his own right, the legal title is merged immediately into the equitable interest, and the perfect title vests in the beneficiary accordi...