GEORGIA CODE (Last Updated: August 20, 2013) |
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES |
Chapter 12. TRUSTS |
Article 7. IMPLIED TRUSTS |
Section 53-12-132. Constructive trusts
Latest version.
- (a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity.
(b) The person claiming the beneficial interest in the property may be found to have waived the right to a constructive trust by subsequent ratification or long acquiescence.
Code 1981, § 53-12-132, enacted by Ga. L. 2010, p. 579, § 1/SB 131.