Duty of Trustee as to Receipts and Disbursements Within Scope of Article 17

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Trust Investments
  6. Power of Adjustment and Unitrusts
  7. Duty of Trustee as to Receipts and Disbursements Within Scope of Article 17

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In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of Article 17 of this chapter:

  1. A trustee shall administer a trust in accordance with the governing trust instrument, even if there is a different provision in Article 17 of this chapter;
  2. A trustee may administer a trust by the exercise of a discretionary power of administration regarding a matter within the scope of Article 17 of this chapter given to the trustee by the governing trust instrument, even if the exercise of the power produces a result different from a result required or permitted by Article 17 of this chapter. No inference that the trustee has improperly exercised the discretionary power shall arise from the fact that the trustee has made an allocation contrary to a provision of Article 17 of this chapter;
  3. A trustee shall administer a trust in accordance with Article 17 of this chapter if the governing trust instrument does not contain a different provision or does not give the trustee a discretionary power of administration regarding a matter within the scope of Article 17 of this chapter; and
  4. A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing trust instrument and Article 17 of this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(Code 1981, §53-12-360, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)


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