A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will.
O.C.G.A. § 53-12-23
Capacity of settlor
Applied in 1 court decision — leading case Head v. Wachovia Bank of Georgia, N.A. (2002)
Most recently applied in Head v. Wachovia Bank of Georgia, N.A. (March 2002)
— Code 1981, § 53-12-23, enacted by Ga
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.