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2020 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 1 - General Provisions
§ 53-12-7. (For Effective Date, See note.) When Trust and Chapter Conflict

Universal Citation: GA Code § 53-12-7 (2020)
  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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