2019 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts
§ 53-12-60. Reformation to correct mistakes

Universal Citation: GA Code § 53-12-60 (2019)
  • (a) If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention.

  • (b) A petition for reformation may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate.

  • (c) Notice of a petition for reformation of the trust shall be given to the trustee and all beneficiaries.


Code 1981, § 53-12-60, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

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