Full Statute Name:  West's Code of Georgia Annotated. Title 53. Wills, Trusts, and Administration of Estates. Chapter 12. Trusts. Article 2. Express Trusts.

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Primary Citation:  Ga. Code Ann., § 53-12-28 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  GA ST § 53-12-28 Date Adopted:  2010
Summary:

This Georgia law enacted in 2010 provides that a trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

Statute Text: 

(a) A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

(b) A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order:

(1) As directed in the trust instrument;

(2) If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and

(3) If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor's heirs, as determined under Code Section 53-2-1.

CREDIT(S)

Laws 2010, Act 506, § 1, eff. July 1, 2010.

HISTORICAL AND STATUTORY NOTES

Former § 53-12-28, which related to spendthrift provisions, was repealed by Laws 2010, Act 506, § 1, effective July 1, 2010.


 

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