2018 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 14 - Trustee Liability
§ 53-12-302. Damages for breach of trust; interest

Universal Citation: GA Code § 53-12-302 (2018)
  • (a) A trustee who commits a breach of trust shall be personally chargeable with any damages resulting from such breach of trust, including, but not limited to:

    • (1) Any loss or depreciation in value of the trust property as a result of such breach of trust, with interest;

    • (2) Any profit made by the trustee through such breach of trust, with interest;

    • (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust, with interest; and

    • (4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred in bringing an action on such breach or threat to commit such breach.

  • (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of:

    • (1) The amount of interest that accrues at the legal rate on judgments; or

    • (2) The amount of interest actually received.

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