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O.C.G.A. § 53-12-40 — Revocation and modification generally | Georgia Code
O.C.G.A. § 53-12-40 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 3 REVOCABLE TRUSTS

53-12-40. Revocation and modification generally.

  1. A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power.
  2. A power to revoke shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke.
  3. Any revocation or modification of an express trust shall be in writing and signed by the settlor.

(Code 1981, §53-12-40, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).

JUDICIAL DECISIONS

Settlor reserved right to amend trust.

- Because a trust provided that the settlor "may at any time by duly executed written instrument alter or amend" the trust, the settlor had reserved the right to alter or amend the trust, O.C.G.A. § 53-12-40(a), and the settlor's execution of a power of attorney clearly expressed the settlor's intent to name the settlor's son as the executor of the settlor's estate and the trust and was properly notarized under O.C.G.A. § 45-17-6(a)(1). Strange v. Towns, 330 Ga. App. 876, 769 S.E.2d 604 (2015).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.