Law Governing the Validity of the Trust

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. General Provisions
  6. Law Governing the Validity of the Trust

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  1. As to real property, the validity of a trust shall be determined by the law of the situs of the real property.
  2. As to all other property, the validity of a trust shall be determined by:
    1. The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or
    2. In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.

(Code 1981, §53-12-4, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)


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