O.C.G.A.

O.C.G.A. § 53-12-501 (2019)

Application of article; construction of trust instrument

✓ 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) This article shall apply when the trust instrument evidences the settlor’s intent to provide for the office and function of a trust director, regardless of the terms used to describe such office and functions.

(b) This article shall not apply to:

(1) A power of appointment;

(2) A power to appoint or remove a trustee or trust director;

(3) A power of a settlor to revoke the trust or amend the trust instrument;

(4) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or a person represented by the beneficiary under Code Section 53-12-8 with respect to the exercise or nonexercise of the power; or

(5) A power over a trust if both:

(A) The trust instrument provides such power is held in a nonfiduciary capacity; and

(B) Such power is held in a nonfiduciary capacity to achieve the settlor’s tax objectives.

(c) Except as otherwise provided in the trust instrument, for purposes of this Code section a power granted to a person to designate a recipient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is a power of appointment and not a power of direction.

History

Code 1981, § 53-12-501, enacted by Ga. L. 2018, p. 262, § 25/HB 121; Ga. L. 2020, p. 377, § 1-88/HB 865; Ga. L. 2021, p. 922, § 53/HB 497. The 2020 amendment, effective January 1, 2021, in paragraph (b)(5), inserted ‘‘both’’ and substituted ‘‘trust instrument provides’’ for ‘‘terms of the trust provide’’ and, in subsection (c), substituted ‘‘granted to a person to designate a recip-

ient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is’’ for ‘‘that is both a power of appointment and a power of direction shall be deemed’’. The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted ‘‘power is held’’ for ‘‘power must be held’’ in subparagraph (b)(5)(B).

Notes of Decisions
Mary Harman Beard, as of the Est. of James H. Beard, III v. Harriet H. Rondowsky, as Co-Tr. of the Charles C. Harman Trust (Ga. Ct. App. 2019). · cites it 2× “17 See OCGA § 53-12-501 (a) (1)-(8) (providing trust beneficiaries with various remedies for a breach of trust); Nalley v.”
Phillip D. Faircloth v. Elizabeth K. Glass, as Rep. of Ashley Glass (Ga. Ct. App. 2020). · cites it 2× “18 In light of the plain statutory language requiring the court to approve 17 The 2018 amendment to the Modification Statute was part of a raft of trust Code changes adopted in the same bill.”
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.