Georgia Code
Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts
§ 53-12-62. Power of Trustee to Invade Principal of Original Trust

History. Code 1981, § 53-12-62 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 8/HB 121; Ga. L. 2020, p. 377, § 1-77/HB 865.
The 2020 amendment, effective January 1, 2021, in subsection (c), in the introductory language, inserted “any trust director,” and inserted “under subsection (b) of Code Section 53-12-243, taking into account the provisions of the original trust and subsections (c) and (d) of Code Section 53-12-243” and substituted “30 days” for “60 days” in paragraph (c)(3); added subsection (f) and redesignated former subsections (f) through (o) as present subsections (g) through (p); in paragraph (j)(2), substituted “Unless the settlor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from the original trust to the second trust, such” for “The” at the beginning, substituted “such” for “the” following “even if”, and deleted “unless such settlor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from such original trust to such second trust” following “tax purposes” near the end; inserted “or trust director” in subsection (m); added subsection (q) and redesignated former subsection (p) as present subsection (r); and substituted “charitable trusts” for “a trust held solely for charitable purposes” at the end of subsection (r).
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 70 Mercer L. Rev. 275 (2018).