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.
History. Code 1981, § 53-12-23 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 2 - Creation and Validity of Express Trusts
§ 53-12-21. Formal and Precatory Words
§ 53-12-22. Trust Purposes and Conditions in Terrorem
§ 53-12-23. Capacity of Settlor
§ 53-12-25. Transfer of Property in Trust
§ 53-12-26. Additions to Trust Property