TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 5 SPENDTHRIFT PROVISIONS AND CREDITORS' RIGHTS AND CLAIMS

53-12-81. Limitations on creditors' rights to discretionary distributions.

A transferee or creditor of a beneficiary shall not compel the trustee to pay any amount that is payable only in the trustee's discretion regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution.

(Code 1981, §53-12-81, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 12/HB 121.)

The 2018 amendment, effective July 1, 2018, inserted "discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such" in the middle of the first sentence.