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

O.C.G.A. § 53-12-40 (2019)

Revocation and modification generally

✓ 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 settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power.

(b) 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. (c) Any revocation or modification of an express trust shall be in writing and signed by the settlor.

History

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

Annotations

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).

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Strange v. Towns Et Al., 769 S.E.2d 604 (Ga. Ct. App. 2015).
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Strange v. Towns Et Al., 769 S.E.2d 604 (Ga. Ct. App. 2015). · cites it 12× “1 of the Trust, “[t]he Settlor may at any time by duly executed written instrument alter or amend this Trust in any manner.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.