Wills, Trusts, Guardianships, and Fiduciary Administration

Abstract

This article is the latest in a series of articles written by this author for the Mercer Law Review Annual Survey of Georgia law. The article describes selected Georgia cases and significant Georgia legislation from the period of June 1, 2007 through May 31, 2008 that pertain to Georgia fiduciary law and estate planning. In the period covered by the article, the Georgia General Assembly enacted versions of two uniform acts - the Uniform Prudent Management of Institutional Funds Act and the Revised Uniform Anatomical Gifts Act - as well as amendments to the laws that relate to the legitimation of children born out of wedlock. These new laws are described in detail in the article. Significant legislation and court decisions relating to practice and procedure in the Georgia probate courts are also discussed. Finally, the article examines cases from Georgia's two appellate courts that outline the burden of proof in undue influences cases and clarify the way in which the statutory compensation for personal representatives and conservators is to be calculated.

Keywords: georgia, Uniform Prudent Management of Institutional Funds Act, Revised Uniform Anatomical Gifts Act, wills, trusts, guardianship, fiduciaries, fiduciary, fiduciary administration, estates, undue influence, legislative survey, legitimation, probate court

JEL Classification: K00, K30, K39