(a) The effect of the provisions of this chapter may be varied by the trust instrument except: (1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;(2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;(3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210;(4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;(5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303;(6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and(7) As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.(b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.Amended by 2020 Ga. Laws 508,§ 1-71, eff. 1/1/2021.Amended by 2011 Ga. Laws 181,§ 7, eff. 5/12/2011.Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
Georgia Legal Code