Section 53-12-63. Division and consolidation of trusts

   (a) The court may order the division of a single trust into two or more trusts or the consolidation of two or more trusts into a single trust if the division or consolidation:

   (1) Is consistent with the intent of the settlor with regard to any trust to be consolidated or divided;

   (2) Would facilitate administration of the trust or trusts; and

   (3) Would be in the best interest of all beneficiaries.

(b) A petition for division or consolidation 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.

(c) Notice of a petition to divide or consolidate a trust or trusts shall be given to the trustee and all beneficiaries of each trust.

(d) Subsection (a) of this Code section may apply to one or more trusts created by the same or different trust instruments or by the same or different persons.

(e) Subsection (a) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing trust instrument to divide or consolidate trusts.

Code 1981, § 53-12-63, enacted by Ga. L. 2010, p. 579, § 1/SB 131.