Craig Frankel and LeAnne Gilbert were counsel in a recent Georgia Supreme Court case that will have significant impact on trust and domestic relations law in Georgia.
Gibson v. Gibson, No. S17F0593 (GA. June 5, 2017) confirmed that spouses are in a confidential relationship that imposes substantial fiduciary duties on each spouse in both financial and trust matters. The Court also found that Georgia fraudulent conveyance law applies to spouses in Georgia.
Finally, the Court held that transfers to trusts, including trusts created by one or more spouses for the benefit of each other or their children, must strictly comply with the transfer requirements of Georgia law in order to be effective.