Section 53-12-7. When trust and chapter conflict

   (a) The effect of the provisions of this chapter may be varied by the trust instrument except:

   (1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;

   (2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;

   (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210;

   (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260;

   (5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; and

   (6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307.

(b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.

Code 1981, § 53-12-7, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 7/SB 134.