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2020 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 (2020)
- 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:
- Any loss or depreciation in value of the trust property as a result of such breach of trust, with interest;
- Any profit made by the trustee through such breach of trust, with interest;
- Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust, with interest; and
- 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.
- If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of:
- The amount of interest that accrues at the legal rate on judgments; or
- The amount of interest actually received.
(Code 1981, §53-12-302, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)
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