When trust and chapter conflict

(a) The effect of the provisions of this chapter may be varied by the trust instrument except: (1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter; (2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter; (3) As to the power of the beneficiaries to modify a trustee’s compensation as provided in Code Section 53-12-210; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260; (5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; (6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and (7) As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter. History. — Code 1981, § 53-12-7, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134; Ga. L. 2020, p. 377, § 1-71/HB 865. The 2020 amendment, effective Janu- ary 1, 2021, in subsection (a), deleted ‘‘and’’ at the end of paragraph (a)(5), added ‘‘; and’’ at the end of paragraph (a)(6), and added paragraph (a)(7).