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O.C.G.A. § 53-12-22

Trust purposes and conditions in terrorem

— Code 1981, § 53-12-22, enacted by Ga

(a) A trust may be created for any lawful purpose.

(b) A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except as otherwise provided in subsection (c) of this Code section.

(c) A condition in terrorem shall not be enforceable against an

individual for:

(1) Bringing an action for interpretation or enforcement of a trust

instrument;

(2) Bringing an action for an accounting, for removal, or for other

relief against a trustee; or

(3) Entering into a settlement agreement.

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.