Georgia § 53-12-7 When trust and chapter conflict

Georgia Statutes

§ 53-12-7 — When trust and chapter conflict

(a)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

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(a) 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. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.

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