2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 5 - Spendthrift Provisions and Creditors’ Rights and Claims
§ 53-12-81. Limitations on Creditors’ Rights to Discretionary Distributions
A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary’s contribution.
History. Code 1981, § 53-12-81 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 12/HB 121; Ga. L. 2020, p. 377, § 1-78/HB 865.
The 2020 amendment, effective January 1, 2021, in the first sentence of this Code section, inserted “or a trust director” following “compel the trustee”, substituted “discretion of the trustee or trust director” for “trustee’s discretion”, and inserted “or trust director” following “such trustee”.
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
