(a) Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.(b) For purposes of this article, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of: (1) A nonvested property interest; or(2) A property interest subject to a power of appointment described in subsection (b) or (c) of Code Section 44-6-201, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.(c) For purposes of this article, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Georgia Legal Code