§ 53-12-64 - Termination of trusts
               	 		
O.C.G.A.    53-12-64   (2010)
   53-12-64.    Termination of trusts 
      (a)  The trust instrument may confer upon a trustee or other person a power to terminate the trust.
(b)  The court may terminate a trust and order distribution of the trust property if:
      (1)  The  costs of administration are such that the continuance of the trust, the  establishment of the trust if it is to be established, or the  distribution from a probate estate would defeat or substantially impair  the purposes of the trust;
      (2)  The purpose of the trust has been fulfilled or become illegal or impossible to fulfill; or
      (3)  Owing  to circumstances not known to or anticipated by the settlor, the  continuance of the trust would defeat or substantially impair the  accomplishment of the purposes of the trust.
(c)  A  petition for termination may be filed by the trustee or any beneficiary  or, in the case of an unfunded testamentary trust, the personal  representative of the settlor's estate.
(d)  Notice  of a petition to terminate the trust shall be given to the trustee, all  beneficiaries, any holder of a power of appointment over the trust  property, and such other persons as the court may direct.
(e)  The  court may terminate the trust regardless of whether it contains  spendthrift provisions or other similar protective provisions.
(f)  Distribution  of the trust property under the order for termination shall be made to  or among the current beneficiaries and the vested remainder  beneficiaries, or, if there are no vested remainder beneficiaries, among  the current beneficiaries and the contingent remainder beneficiaries.  The order shall specify the appropriate share, if any, of each current  and remainder beneficiary who is to share in the proceeds of the trust  so as to conform as nearly as practicable to the intention of the  settlor or testator. The order may direct that the interest of a minor  beneficiary, or any portion thereof, be converted into qualifying  property and distributed to a custodian pursuant to Article 5 of Chapter  5 of Title 44, "The Georgia Transfers to Minors Act."