Capacity of settlor

O.C.G.A. § 53-12-23, under CREATION AND VALIDITY OF EXPRESS TRUSTS JUDICIAL DECISIONS ANALYSIS.

O.C.G.A. § 53-12-23

A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will. History. — Code 1981, § 53-12-23, enacted by Ga. L. 2010, p. 579, § 1/SB 131.