Public-domain · open source
OpenJurist

O.C.G.A. § 53-12-20

Express trusts

Applied in 2 court decisions — leading case Telfair v. First Union Mortgage Corp. (2000)

Most recently applied in Racetrac Petroleum, Inc. v. Khan (In Re Khan) (December 2011)

— Code 1981, § 53-12-20, enacted by Ga

see or legatee that another shall benefit as creating trust, 155 A.L.R. 106.

Rights of parties under oral agreement to buy or bid in land for another, 27 A.L.R.2d 1285.

Constructive trust with respect to partnership personal property assets knowingly received from individual partner for payment of his private debt, 45 A.L.R.2d 1211.

Creation of express trust in property to be acquired in future, 3 A.L.R.3d 1416.

(a) Except as provided in subsection (d) of this Code section, an express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney

containing express authorization.

(b) An express trust shall have, ascertainable with reasonable cer-

tainty:

(1) An intention by a settlor to create such trust;

(2) Trust property;

(3) Except for charitable trusts or a trust for care of an animal, a beneficiary who is reasonably ascertainable at the time of the

creation of such trust or reasonably ascertainable within the period of

the rule against perpetuities; (4) A trustee; and

(5) Trustee duties specified in writing or provided by law.

(c) The requirement that a trust have a reasonably ascertainable beneficiary shall be satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person.

(d) In the case of a trust created pursuant to 42 U.S.C. Section 1396p(d)(4)(B) by an agent acting for the settlor, the power of attorney need not contain an express authorization to create or declare a trust.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.