Effect on Prior and Subsequent Wills

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This part shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This part shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, by a testator dying prior to such date.

(Code 1981, §53-12-103, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, § 196.

C.J.S.

- 95 C.J.S., Wills, § 217 et seq.

U.L.A.

- Uniform Testamentary Additions to Trusts Act (U.L.A.) § 2.

PART 2 TRUSTS AS BENEFICIARIES

53-12-120. Trusts as beneficiaries.

A trust under a testator's will may be designated as the beneficiary of the testator's qualified retirement plan, individual retirement account, other retirement plan, or life insurance policies on the life of the testator so long as the testator's will is admitted to probate in solemn form, whether the designation occurs before or after the execution of the will. Unless the beneficiary designation provides otherwise, the designation of a trust under a will as beneficiary shall not be treated as the designation of the testator's estate as beneficiary nor shall such property, once delivered to the trustee under the testator's will, be deemed to be part of the testator's estate.

(Code 1981, §53-12-120, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

Law reviews.

- For article, "The Georgia Trust Act," 28 Ga. St. B.J. 95 (1991).

ARTICLE 7 IMPLIED TRUSTS

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 128 et seq.


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