Georgia Statutes

§ 53-12-4 — Law governing the validity of the trust

Georgia § 53-12-4

This text of Georgia § 53-12-4 (Law governing the validity of the trust) 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. § 53-12-4 (2026).

Text

(a)As to real property, the validity of a trust shall be determined by the law of the situs of the real property.
(b)As to all other property, the validity of a trust shall be determined by:
(1)The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.

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Related

Reeves v. Newman
695 S.E.2d 626 (Supreme Court of Georgia, 2010)
15 case citations
Warren v. Board of Regents of the University System
527 S.E.2d 563 (Supreme Court of Georgia, 2000)
13 case citations
In Re Longino
636 S.E.2d 683 (Court of Appeals of Georgia, 2006)
12 case citations
Howell v. Bank of America, N.A. ex rel. Inglis (In re Dorsey)
497 B.R. 374 (N.D. Georgia, 2013)
11 case citations
Hays v. Hamblen Family Irrevocable Trust (In re Hamblen)
360 B.R. 362 (N.D. Georgia, 2006)
1 case citations
Odum v. Henry
334 S.E.2d 304 (Supreme Court of Georgia, 1985)
1 case citations
Griffith v. Beavers
384 S.E.2d 650 (Supreme Court of Georgia, 1989)

Legislative History

Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.

Nearby Sections

15
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Bluebook (online)
Georgia § 53-12-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/53-12-4.