Georgia § 53-12-7 - When trust and chapter conflict.
Full text of Georgia Official Code of Georgia Annotated § 53-12-7 — When trust and chapter conflict., with citation guidance and answers to common questions.
§ 53-12-7. When trust and chapter conflict.
The effect of the provisions of this chapter may be varied by the trust instrument except: As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter; As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter; As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210; 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; As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter. Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter. (Code 1981, § 53-12-7 , enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134; Ga. L. 2020, p. 377, § 1-71/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (a), deleted "and" at the end of paragraph (a)(5), added "; and" at the end of paragraph (a)(6), and added paragraph (a)(7).
Frequently Asked Questions About Georgia § 53-12-7
What does Official Code of Georgia Annotated § 53-12-7 cover?
Section 53-12-7 ("When trust and chapter conflict.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 53-12-7?
A common citation format is "Official Code of Georgia Annotated § 53-12-7" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 53-12-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.