Georgia Code
Article 1 - General Provisions
§ 53-12-9. Binding Nonjudicial Settlement Agreement

History. Code 1981, § 53-12-9 , enacted by Ga. L. 2018, p. 262, § 5/HB 121; Ga. L. 2020, p. 377, § 1-73/HB 865; Ga. L. 2020, p. 493, § 53/SB 429.
The 2020 amendments. —
The first 2020 amendment, effective January 1, 2021, deleted former subsection (a), which read: “As used in this Code section, the term ‘interested persons’ means the trustee and all other persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.”; redesignated former subsections (b) through (e) as present subsections (a) through (d); in present subsection (a), substituted “subsection (b)” for “subsection (c)”, substituted “trustee, any trust director, and all other persons whose interests would be affected” for “interested persons”, and substituted “the trust” for “a trust” at the end; in present subsection (b), inserted “section” following “Code” in paragraph (b)(1) and, in paragraph (b)(2), substituted “an irrevocable trust” for “a noncharitable irrevocable trust” and substituted “a proceeding to approve such modification or termination under subsection (b) of Code Section 53-12-61” for “order to achieve a binding settlement, if such settlement were to be approved by a court”; in subsection (c), substituted “The trustee, trust director, and any person whose interests would be affected by” for “Any interested person may request the court approve”, inserted “may request that the court approve such agreement”, substituted “determine whether such agreement violates a material purpose of the trust,” for “or”, and added “, or make any other similar determination” at the end; in subsection (d), substituted “A nonjudicial settlement” for “An” at the beginning, substituted “all parties to such agreement, including individuals not sui juris, unborn beneficiaries, and persons unknown who are represented by a person who may represent and bind such parties under Code Section 53-12-8,” for “the interested persons”, and substituted “parties” for “interested persons”; and added subsection (e). The second 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “this Code section” for “this Code” in paragraph (c)(1) (now (b)(1)).
Law reviews.
For article on the 2018 enactment 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).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

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