Georgia Statutes
§ 53-12-23 — Capacity of settlor
Georgia § 53-12-23
JurisdictionGeorgia
Title53
This text of Georgia § 53-12-23 (Capacity of settlor) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 53-12-23 (2026).
Text
A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will.
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Related
Rector of Christ Church v. Bishop of Episcopal Diocese of Georgia, Inc.
718 S.E.2d 237 (Supreme Court of Georgia, 2011)
MULLIS v. WELCH Et Al.
815 S.E.2d 282 (Court of Appeals of Georgia, 2018)
Fowler v. Montgomery
326 S.E.2d 765 (Supreme Court of Georgia, 1985)
Smeltzer v. Bank of Fitzgerald
386 S.E.2d 406 (Court of Appeals of Georgia, 1989)
Suzanne Giller v. Robert Slosberg
(Court of Appeals of Georgia, 2021)
LEIGH KENG v. SUSIE CHANG KENG
(Court of Appeals of Georgia, 2025)
Legislative History
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
Nearby Sections
15
§ 53-1-10
Lifetime transfers§ 53-1-11
Value§ 53-1-12
Manner of taking into account§ 53-1-2
Definitions§ 53-1-3
Dower and tenancy by curtesy§ 53-1-8
Adopted individuals§ 53-10-1
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Bluebook (online)
Georgia § 53-12-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/53-12-23.