(For Effective Date, See note.) Trust Purposes and Conditions in Terrorem

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Creation and Validity of Express Trusts
  6. (For Effective Date, See note.) Trust Purposes and Conditions in Terrorem

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  1. A trust may be created for any lawful purpose.
  2. A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except as otherwise provided in subsection (c) of this Code section.
  3. A condition in terrorem shall not be enforceable against an individual for:
    1. Bringing an action for interpretation or enforcement of a trust instrument;
    2. Bringing an action for an accounting, for removal, or for other relief against a trustee; or
    3. Entering into a settlement agreement.

(Code 1981, §53-12-22, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-74/HB 865.)


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