§ 53-12-45. Limitation on Action Contesting Validity of Revocable Trust
Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor’s death shall be commenced within two years of the settlor’s death. Upon the death of the settlor of a trust that was revocable immediately before the settlor’s death, the trustee may proceed to distribute the trust property in […]
§ 53-12-41. Trustee’s Consent Necessary to Enlarge Duties
In exercising a power to modify the trust instrument, the settlor shall not enlarge the duties or liabilities of the trustee without the trustee’s express consent. History. Code 1981, § 53-12-41 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
§ 53-12-42. Notice to Trustee
A trustee shall not be liable for failing to act in accordance with the terms and conditions of an amendment or revocation of a trust of which the trustee had no notice. History. Code 1981, § 53-12-42 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
§ 53-12-43. Power of Agent or Conservator to Revoke Trust
A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power. A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by the […]
§ 53-12-44. Trust Not Revocable Because Life Estate Holder Has Reversion
No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary’s heirs or estate have a remainder interest therein. History. Code 1981, § 53-12-44 , enacted by Ga. L. 2010, p. 579, § 1/SB […]
§ 53-12-40. Revocation and Modification Generally
A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. 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. Any revocation or modification of […]