Georgia § 53-12-263 - Incorporation of powers by reference.

§ 53-12-263. Incorporation of powers by reference.

By an expressed intention of the testator or settlor contained in a will or in a trust instrument in writing whereby an express trust is created, any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the trust instrument. At any time after the execution of a revocable trust, the settlor or anyone who is authorized by the trust instrument to modify the trust may incorporate any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the incorporation. Incorporation of one or more of the powers contained in this part, by reference to the appropriate portion of Code Section 53-12-261, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary. A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); former Code Section 53-12-232 or 53-15-3; or Code Section 53-12-261, which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signed the trust instrument shall be effective notwithstanding the subsequent repeal or amendment of such statute. A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-15-3 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232. If any or all of the powers contained in this part are incorporated by reference into a will by a testator or granted to a personal representative by a probate court, then: As used in this part, the term: "Beneficiary" includes a distributee of the estate. "Trust" includes the estate held by the personal representative; and "Trustee" or "fiduciary" includes the personal representative; and A conferral upon a personal representative of the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of this Code section shall not authorize such personal representative to bind the estate by any warranty in any conveyance or contract in violation of subsection (a) of Code Section 53-8-14 . (Code 1981, § 53-12-263 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 13/SB 134; Ga. L. 2011, p. 752, § 53/HB 142; Ga. L. 2018, p. 262, § 21/HB 121; Ga. L. 2020, p. 377, § 1-85/HB 865.) The 2020 amendment, effective January 1, 2021, substituted "53-12-261" for "15-12-261" in paragraph (d)(1); and, in subsection (e), substituted "or granted to a personal representative by a probate court, then" for ", then as used in this part the term", redesignated former paragraphs (e)(1) through (e)(3) as subparagraphs (e)(1)(A) thru (e)(1)(C), inserted "As used in this part, the term:" at the beginning of paragraph (e)(1), added "; and" at the end of subparagraph (e)(1)(C), and added paragraph (e)(2). Law reviews. - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).