(For Effective Date, See note.) When Trust and Chapter Conflict

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. General Provisions
  6. (For Effective Date, See note.) When Trust and Chapter Conflict

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  1. (For effective date, see note.) The effect of the provisions of this chapter may be varied by the trust instrument except:
    1. As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;
    2. As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;
    3. As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210;
    4. As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;
    5. As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303;
    6. As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and
    7. As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.
  2. Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.

(Code 1981, §53-12-7, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134; Ga. L. 2020, p. 377, § 1-71/HB 865.)


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