Law Governing the Meaning and Effect of Trust Provisions

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

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The meaning and effect of the trust provisions 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, §53-12-5, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.)

The 2011 amendment, effective May 13, 2011, part of an Act to revise, modernize, and correct the Code, redesignated subsections (a) and (b) as paragraphs (1) and (2), respectively.

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).


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