Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-12-500 Definitions
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As used in this article, the term: (1) ‘‘Directed trustee’’ means a trustee that is subject to a trust director’s power of direction. 944 53-12-500 (2) ‘‘Power of appointment’’ means a power that enables a person, acting in a nonfiduciary capacity, to: (A) Designate a recipient of…
O.C.G.A. § 53-12-501 Application of article; construction of trust instrument
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(a) This article shall apply when the trust instrument evidences the settlor’s intent to provide for the office and function of a trust director, regardless of the terms used to describe such office and functions. (b) This article shall not apply to: (1) A power of appointment; (…
O.C.G.A. § 53-12-502 Authority, procedures, and powers of trust directors
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(a) Except as otherwise provided in this Code section, a trust instrument may grant powers of direction to a trust director. 946 53-12-503 (b) Except as otherwise provided in the trust instrument, when a trust instrument grants powers of direction to a trust director, the trust d…
O.C.G.A. § 53-12-503 Role of directors; petitioning court for instructions
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(a) Except as otherwise provided in this article, with respect to a power of direction, a trust director shall have the same fiduciary duty and liability in the exercise or nonexercise of the power of direction as a trustee in a like position and under similar circumstances. (b) W…
O.C.G.A. § 53-12-505 Relief from duty and liability
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A trust instrument may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that a directed trustee is relieved from duty and liability with respect to a trust director’s power…
O.C.G.A. § 53-12-506 Breach of trust
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Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Compensation, §53-12-211. Deed to acquire beneficial…
O.C.G.A. § 53-12-6 Jurisdiction
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(a) Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee that sound at law may be filed in a court of law. (b) Actions concerning the construction or administration of a trust or for a court to take any actions authorized by the provisions of this c…
O.C.G.A. § 53-12-60 Reformation to correct mistakes
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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)…
O.C.G.A. § 53-12-61 Reformation of trust
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Petition, §53-12-60. Resignation of trustee. Petition, §53-12-220. Unitrusts. Conversion of trust to, §53-12-362. Year’s support. Issuance of citation, §53-3-6. NUISANCES. Navigable streams. Right of passage. Structures, §52-1-33. Tidewaters. Protection of tidewaters. Structures,…
O.C.G.A. § 53-12-62 Power of trustee to invade principal of original trust
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(a) As used in this Code section, the term: (1) ‘‘Original trust’’ refers to the trust from which principal is being distributed. (2) ‘‘Second trust’’ refers to the trust to which assets are being distributed from the original trust, whether a separate trust or an amended version…
O.C.G.A. § 53-12-63 Division and consolidation of trusts
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Reserved. Repealed by Ga. L. 2018, p. 262, § 9/HB 121, effective July 1, 2018. Editor’s notes. — This Code section was based on Ga. L. 2010, p. 579, § 1/SB 131.
O.C.G.A. § 53-12-64 Termination of trusts
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Reserved. Repealed by Ga. L. 2018, p. 262, § 10/HB 121, effective July 1, 2018. Editor’s notes. — This Code section was based on Ga. L. 2010, p. 579, § 1/SB 131.
O.C.G.A. § 53-12-65 Modification or termination of uneconomic trust
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(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $100,000.00 or for which the trustee’s annual fee for administering the trust is 5 percent or more of the market value of the principal assets …
O.C.G.A. § 53-12-7 When trust and chapter conflict
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(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 tr…
O.C.G.A. § 53-12-8 Charitable entities, §53-12-8
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Wills. Testamentary gift charity, §53-4-62. CLASS GIFTS TO CHILDREN. Wills. Presumption, §53-4-48. CLEAR AND CONVINCING EVIDENCE. Death. Perils or tragedies resulting in probable death, §53-9-1. Wills. Construction of will. Intent of testator, §53-4-55. CLOSED-END MANAGEMENT. Exe…
O.C.G.A. § 53-12-80 Spendthrift provisions
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(a) A spendthrift provision shall only be valid if it prohibits both voluntary and involuntary transfers. (b) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, shall be sufficient to restrain both vol…
O.C.G.A. § 53-12-81 Limitations on creditors’ rights to discretionary distributions
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A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, includi…
O.C.G.A. § 53-12-82 Trusts generally
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Revised trust code of 2010, §§53-12-1 to 53-12-455. INTESTATE NONDOMICILIARY. Ancillary proceedings. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. 1024 INDEX INTESTATE SUCCESSION. Adoption. Status of adoptive parents and relatives, §53-…
O.C.G.A. § 53-12-83 Trust directors
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Beneficiary serving as trust director, §53-12-502. Beneficiary’s powers over trust.
O.C.G.A. § 53-12-9 Binding nonjudicial settlement agreement
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(a) Except as provided in subsection (b) of this Code section, the trustee, any trust director, and all other persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving the trust. (b) A nonjudicial sett…
O.C.G.A. § 53-13-1 Short title
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This chapter shall be known and may be cited as the ‘‘Revised Uniform Fiduciary Access to Digital Assets Act.’’ History. — Code 1981, § 53-13-1, enacted by Ga. L. 2018, p. 1089, § 1/SB 301. 53-13-2. Definitions.
O.C.G.A. § 53-13-10 User’s direction on disclosures
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53-13-11. Modification to existing rights. 53-13-12. Custodian rights; administrative charges; disclosure of deleted assets; court order. 53-13-13. Deceased giving consent or court order for disclosure by custodian to personal representative. 53-13-14. Custodian’s disclosure of ca…
O.C.G.A. § 53-13-11 Modification to existing rights
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(a) This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the…
O.C.G.A. § 53-13-12 Administrative charges, §53-13-12
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Agents, disclosures to, §53-13-16. Time for compliance, §53-13-31. Conservators, disclosures to, §53-13-20. Time for compliance, §53-13-31.
O.C.G.A. § 53-13-15 Custodian’s disclosure under power of attorney
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…
O.C.G.A. § 53-13-16 Disclosures by custodians to agents
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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications se…
O.C.G.A. § 53-13-17 Disclosure by custodians to trustees
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Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an 963 53-13-17 WILLS, TRUSTS, AND ESTATES 53-13-19 account any digital asset of the account held in trust, including a catalogue of electronic commun…
O.C.G.A. § 53-13-18 Trustee’s requirements for disclosure by custodian
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…
O.C.G.A. § 53-13-19 Disclosure to trustee of electronic communications
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, …
O.C.G.A. § 53-13-2 Definitions
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As used in this chapter, the term: (1) ‘‘Account’’ means an arrangement under a terms-of-service agreement in which a custodian provides goods or services to the user. (2)(A) ‘‘Agent’’ means an attorney in fact granted authority under a durable or nondurable power of attorney, in…
O.C.G.A. § 53-13-20 Access to digital assets by conservator
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(a) After an opportunity for a hearing under subsection (b) or (c) of Code Section 29-3-22 or under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or di…
O.C.G.A. § 53-13-3 Generally, §§53-13-1 to 53-13-40
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Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Foreign or out-of-state wills. Probate and intestate nondomiciliary, §§53-5-30 to 53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. Adjudication as to personal property, effect, §53-5-47. Copy …
O.C.G.A. § 53-13-30 Electronic
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Defined, §53-13-2. Electronic communications. Defined, §53-13-2. Electronic communication services. Defined, §53-13-2. Electronic Signatures in Global and National Commerce Act. Effect of state provisions, §53-13-40. Fiduciary. Defined, §53-13-2. Digital assets. Fiduciary duties appl…
O.C.G.A. § 53-13-4 Service of notice
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In any proceeding brought pursuant to this chapter, service of notice shall be made in the manner provided by Chapter 11 of this title. History. — Code 1981, § 53-13-4, enacted by Ga. L. 2020, p. 377, § 1-94/HB 865. Effective date. — This Code section became effective January 1, …
O.C.G.A. § 53-13-40 Construction with federal provisions
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…