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Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Survey Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2022 through May 31, 2023, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. Two of the cases described herein, Slosberg v. Giller and Hall v. Davis Lawn Services, Inc., are decisions of the Supreme Court of Georgia. Effective July 1, 2017, the Georgia General Assembly enacted O.C.G.A. § 15-3-3.1, which provides that the Georgia Court of Appeals has appellate jurisdiction over cases relating to wills and trusts. However, …

“I’Ll Give You My Trust Assets, When You Pry Them From My Cold, Dead Hands”: The Supreme Court Of Georgia Clarifies That A Mere Challenge To A Trust’S Formation Will Not Trigger An In Terrorem Clause, Kiana Johnson

Mercer Law Review

Imagine a television infomercial wakes you up from your sleep. While refocusing your vision, you faintly hear the television say: “Are you a disgruntled beneficiary?” You think to yourself, “I’m not disgruntled, but I sure wish I could have more money.” You are slightly intrigued, so you crank up the volume on the television, and the infomercial emphatically states, “Do you believe you are entitled to ‘ill-gotten gains’?” You think to yourself, “I have no idea what ill-gotten gains are.” I just want ownership over the assets I —.”

Giller v. Slosberg, 359 Ga. App. 867, 858 S.E.2d 747 …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article discusses significant cases decided by the Georgia Court of Appeals during the period of June 1, 2021 through May 31, 2022, and significant Georgia legislation enacted in that same period relating to Georgia probate and trust law, guardianship, and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article discusses significant cases decided by the Georgia Court of Appeals during the period of June 1, 2020, through May 31, 2021, pertaining to Georgia fiduciary law, guardianship, and estate planning. This Article also describes the highlights of legislation contained in a comprehensive bill that revised and clarified the laws relating to wills, trusts, and the administration of estates and that became effective January 1, 2021.

Electronic Wills: Why Would Georgia Choose To Delay The Inevitable?, Jacob C. Wilson

Mercer Law Review

This Comment assesses the changes in Georgia’s laws regarding the formalities of wills and analyzes how acceptance of an electronic will in Georgia would be an acceptable response to the changing times. Part I analyzes how Georgia’s wills statutes have changed and discusses how the wills law came into fruition today. Part II analyzes the Electronic Wills Act, states that have passed statutes considering the Act, and a review of Georgia’s legislative approach to the Act. Part III reviews an in-depth analysis of (a state) that has passed the Electronic Wills Act that operates in a strict compliance jurisdiction. Part …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes significant cases decided by the Georgia Court of Appeals during the period of June 1, 2020, through May 31, 2019, that pertain to Georgia fiduciary law and estate planning. Due to the COVID-19 pandemic, the Georgia General Assembly suspended its 2020 session and thus no significant legislation was enacted during the reporting period. This report does however discuss relevant legislation that was pending during the reporting period and describes the Governor’s Order issued in April 2020 that permitted remote notarization and witnessing of estate planning documents during the pandemic.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2018 through May 31, 2019 that pertain to Georgia fiduciary law and estate planning.

• Setting Aside Probate
• Exoneration
• Trustee's Warranties
• Payment of Guardian ad Litem Fees in Guardianship Cases

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from June 1, 2016 to May 31, 2017 that pertain to Georgia fiduciary law and estate planning.

An Advance Directive: The Elective, Effective Way To Be Protective Of Your Rights, Krysta Rae Tate

Mercer Law Review

Death is an eternal theme within all cultures; the Grim Reaper coming to collect a person's soul, death riding in on a pale horse, mythical characters like Hades and Thanatos. A seemingly inescapable proposition emerged over time: the nature of death is unpredictable and unavoidable. Eventually, due to changes in technology, the world's perspective on the nature of death shifted. Advancements in medical technology introduced a plethora of life-sustaining procedures, and death was no longer completely beyond a human's control.

A breakthrough in the medical means used to control the dynamic nature of death occurred when the Georgia General Assembly …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2015 through May 31, 2016 that pertain to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2014 through May 31, 2015 pertaining to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from June 1, 2013 through May 31, 2014 pertaining to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from June 1, 2012 through May 31, 2013 pertaining to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2011 through May 31, 2012 that pertain to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2010 through May 31, 2011 that pertain to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2009 through May 31, 2010 that pertain to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2008 through May 31, 2009, that pertain to Georgia fiduciary law and estate planning.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2006 through May 31, 2007 that pertain to Georgia fiduciary law and estate planning. Specifically, this Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted during the period from June 1, 2004 through May 31, 2005. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary K. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted from June 1, 2003 through May 31, 2004. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article examines the major cases decided and legislation enacted during the period from June 1, 2002 through May 31, 2003. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities. The cases also explore procedural rules that apply in litigation arising from the creation and ongoing administration of these legal relationships.

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period from June 1, 1999 through May 31, 2000. Many of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. References in this Article to former code sections will refer to the pre-1998 Probate Code, and all other references will be to the Revised Probate Code of 1998.

Rainey V. Chever: Expanding A Natural Father's Right To Inherit From His Illegitimate Child, Elizabeth G. Long

Mercer Law Review

In Rainey v. Chever, the Georgia Supreme Court held unconstitutional section 53-2-4(b)(2) of the Official Code of Georgia Annotated ("O.C.G.A."), which required that before a natural father could inherit through his illegitimate child, the natural father had to either openly treat the child as his own or provide support for the child. Coming up only one vote short, the United States Supreme Court denied plaintiff's petition for writ of certiorari. The three dissenting Justices declared their belief that Georgia's statute addressed the "alarming trend" of outof- wedlock births.5 Furthermore, the dissenting Justices asserted that because of the "substantial tension" …

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period June 1, 1998 through May 31, 1999. Most of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. When appropriate, this Article will discuss briefly how the amendments that appear in the Revised Probate Code of 19981 will affect the issue under discussion.

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

The aim of this Article is to summarize judicial and legislative developments in fiduciary law within the past year. Its organization reflects an intention to discuss the particular issues somewhat in the chronological sequence in which they are likely to appear.

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

One of the most difficult tasks in the writing of a survey article is that of organization. Judicial decisions and legislative enactments just refuse to appear in any logical sequence and, just as a case or statute has been neatly assigned to a certain section of the paper, an issue pops up that suggests that it would fit better in another section. Should the discussion of that case or statute be moved into that other section or left where it is?

Given this difficulty, an effort will be made to classify the materials in a way that the major issues …

Models Of The Will And Negative Disinheritance, Frederic S. Schwartz

Mercer Law Review

The issue of so-called negative disinheritance arises when a testator provides in her will that a particular person or persons (whom I shall call the "negative beneficiary(s)") shall take none of the testator's property upon her death. Under the orthodox (and still almost universal) rule, such a disinheritance provision is ineffective. If the negative beneficiary becomes the testator's heir and some property passes in intestacy (because the testator has not named or described beneficiaries for all her property), the negative beneficiary will take his intestate share of that property. Thus, under the orthodox rule, a testator can prevent an heir …

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

A survey of developments in any area of law requires a look backward and a look forward-a look backward at what the appellate courts have done with controversies that developed under existing statutes and decisions, and a look forward at what those courts will probably do with comparable controversies that develop under recently enacted statutes. Thus, in this survey of fiduciary law developments during the past year, we begin with reported cases that appear to be instructive. Classifying these cases under one heading or another is difficult, but an effort will be made to do so in the chronological sequence …

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

The most recent survey period included considerably more judicial than legislative activity affecting fiduciary law, perhaps attesting to the relative stability of fiduciary law. Notwithstanding this relative stability, the issues raised in the cases ranged all the way from those of venue and jurisdiction to a case about the construction of a will probated in a now long closed estate.

While there was little substantive legislation in the area of fiduciary law, there were a few such statutes. One of these expanded upon the guardian and ward relationship, and another authorized the use of the "Financial Power of Attorney." These …