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

O.C.G.A. § 53-12-5 (2019)

Law governing the meaning and effect of trust provisions

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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The meaning and effect of the trust provisions 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.

History

Code 1981, § 53-12-5, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.

Annotations

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, redesignated subsections (a) and (b) as paragraphs (1) and (2), respectively.

Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2025 · leading case: Weinraub v. Bank of Am., N.A., No. 1:24-cv-03780 (N.D. Ga. Aug. 7, 2025).
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Weinraub v. Bank of Am., N.A., No. 1:24-cv-03780 (N.D. Ga. Aug. 7, 2025). · cites it 23× “(Reply Br. in Supp. of Pl.’s Mot. for Determination of Capacity to Sue, at 3–4 [Doc.”
Morris v. Morris, 756 S.E.2d 616 (Ga. Ct. App. 2014). · cites it 4× “In relevant part, it provides that the law designated in a trust agreement shall determine the meaning and effect of the provisions thereof “unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the…”
Sarah Morris v. Martha L. Morris, No. A14A0017 (Ga. Ct. App. Mar. 20, 2014). · cites it 4× “In relevant part, it provides that the law designated in a trust agreement, shall determine the meaning and effect of the provisions thereof “unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the…”
53-12-5(1): 1 case
Weinraub v. Bank of Am., N.A., No. 1:24-cv-03780 (N.D. Ga. Aug. 7, 2025). “(Reply Br. in Supp. of Pl.’s Mot. for Determination of Capacity to Sue, at 3–4 [Doc.”
53-12-5(2): 1 case
Weinraub v. Bank of Am., N.A., No. 1:24-cv-03780 (N.D. Ga. Aug. 7, 2025). “(Reply Br. in Supp. of Pl.’s Mot. for Determination of Capacity to Sue, at 3–4 [Doc.”
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.