The Act defines the term child and children, for the purposes of analyzing eligibility for year's support, to mean any child entitled to inherit if his or her parent dies intestate. The Act thus included illegitimate children as those who have a right to year's support,
The Act provides that a trustee of an inter vivos trust which is a beneficiary under a will, having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by a will, shall be authorized to express a choice on
The Act provides that corporate trustees or executors shall not be precluded from investing in securities or other interests of certain investment companies or investment trusts because of other services provided to those companies or trusts by the trustees or executors. Further, the Act provides that the fiduciary power to
The Act codifies the doctrine of virtual or equitable legitimation as interpreted by Georgia case law. The Act also adds genetic testing as a means by which the paternity of children born out of wedlock may be established.
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The Act ensures that wills lost during the testator's lifetime will be treated in the same manner as wills lost after the testator's death. The Act also conforms the service of process on minors for probate in solemn form to the personal service specified in the
The Act clarifies what sources of support the court may consider available to an applicant for year's support, as well as clarifying who has the burden of proof in showing the amount of support necessary. The Act also removes the former requirement that all debts of the estate
The Act reorganizes Georgia trust law and codifies many common law principles that were previously recognized in Georgia law, but had not been incorporated into statutory law. The Act recognizes the validity of spendthrift trusts, and makes the allocation of principal and income in trusts more consistent with national trust
The Acts provide for changes to the Georgia law of wills. HB 157 provides that the residence of decedents in the care of nursing homes at the time of death shall normally be the county of residence before the entry of the decedent into the facility. HB 257 defines uniform
The Act raises the standard of care applied to executors and trustees who make investments for others; the prudent man handling his own investments standard is changed to one of a prudent trustee handling the investments of others. The Act also permits trustees to consider individual investments in the context
The Act addresses the written revocation of living wills and states that an effective written revocation of a living will must clearly express an intent to revoke a living will as opposed to an intent to revoke previous wills distributing property after the death of the testator. March 17, 1987
