Acceptance

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Trustees
  6. Appointment and Acceptance
  7. Acceptance

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  1. The acceptance of a trust shall be necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee shall not decline the trusteeship.
  2. Except as otherwise provided in subsection (c) of this Code section, a person designated as trustee accepts the trusteeship:
    1. By substantially complying with a method of acceptance provided in the trust instrument; or
    2. If the trust instrument does not provide a method or the method provided in the trust instrument is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
  3. A person designated as trustee, without accepting the trusteeship, may act to preserve the trust property if, as soon as practicable, the person rejects or declines the trusteeship.

(Code 1981, §53-12-202, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 220 .

C.J.S.

- 90 C.J.S., Trusts, § 59.

ALR.

- Appointee's renunciation of appointment, 9 A.L.R.2d 1382.


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