O.C.G.A.

O.C.G.A. § 53-12-60 (2019)

Reformation to correct mistakes

✓ 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) If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor’s intention.

(b) A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor’s estate.

(c) Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries.

History

Code 1981, § 53-12-60, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-75/HB 865. The 2020 amendment, effective January 1, 2021, inserted ‘‘, any trust director,’’

in subsection (b); and substituted ‘‘, any trust director, and all qualified beneficiaries’’ for ‘‘and all beneficiaries’’ in subsection (c).