Va. Code Ann. § 64.2-2028 — Virginia Code / Title 64.2 / Subtitle IV / Part D / Chapter 20 / Article 2 / Section 64.2-2028
Department of Behavioral Health and Developmental Services to be notified in certain cases
Status: in_force

In any suit or action for the appointment of a fiduciary who is to have the management and control of funds belonging to any person who has been admitted to any state facility, the Department of Behavioral Health and Developmental Services shall receive notice of the suit or action, and the clerk of any court in which the suit or action is pending shall notify the Commissioner of Behavioral Health and Developmental Services of that fact.

Code 1950, § 37-153.1; 1950, p. 924; 1968, c. 477, § 37.1-147; 2005, c. 716 , § 37.2-1029; 2012, c. 614 .
Va. Code Ann. § 64.2-904 — Virginia Code / Title 64.2 / Subtitle III / Chapter 9 / Section 64.2-904
Transfer to custodial trustee by fiduciary or obligor; facility of payment
Status: in_force

A. Unless otherwise directed by an instrument designating a custodial trustee pursuant to § 64.2-902 , a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $25,000, the transfer is not effective unless authorized by the court.

B. With court approval, any person, including a conservator, guardian, or other fiduciary who holds property of or owes a debt to an incapacitated individual, may make a transfer to any person as a custodial trustee for the use and benefit of the incapacitated individual. The court, in the exercise of its discretion, may require the custodial trustee to furnish a bond with surety for the faithful performance of his fiduciary duties.

C. A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.

1990, c. 264, § 55-34.5; 1995, c. 444 ; 2012, c. 614 ; 2014, c. 532 .
Va. Code Ann. § 64.2-520.1 — Virginia Code / Title 64.2 / Subtitle II / Chapter 5 / Article 3 / Section 64.2-520.1
Legal duty; action for damages from legal malpractice concerning estate planning; third parties
Status: in_force

A. Notwithstanding § 55.1-119 , an attorney does not owe a legal duty to any person other than the client in any engagement for the purpose of the client's estate planning, including the provision of legal advice or the preparation of legal documents, unless the client and attorney enter into a signed, written agreement that expressly provides that the client and attorney intend to confer a benefit upon a third party by specific reference to this subsection.

B. Notwithstanding the provisions of this section, no action shall be based upon damages that may reasonably be avoided or that result from a change of law subsequent to the representation upon which the action is based.

2017, cc. 43 , 93 ; 2025, cc. 450 , 467 .
Va. Code Ann. § 64.2-320 — Virginia Code / Title 64.2 / Subtitle II / Chapter 3 / Article 3 / Section 64.2-320
Purchaser for value or lender
Status: in_force

A. If a surviving spouse has apparent title to property to which this article applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.

B. If a personal representative or an heir or devisee of the decedent has apparent title to property to which this article applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.

C. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.

D. The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.

1982, c. 456, § 64.1-202; 2012, c. 614 .
Va. Code Ann. § 64.2-419 — Virginia Code / Title 64.2 / Subtitle II / Chapter 4 / Article 3 / Section 64.2-419
Provision for omitted children when no child living when will made
Status: in_force

A. If a testator executes a will when the testator has no children, a child born or adopted after the execution of the testator's will, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such portion of the testator's estate as he would have been entitled to if the testator had died intestate.

B. The devisees and legatees shall contribute ratably to the portion of the testator's estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child, or any descendant of his, dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.

Code 1950, § 64-69; 1968, c. 656, § 64.1-70; 1972, c. 825; 2012, c. 614 .
Va. Code Ann. § 64.2-1030 — Virginia Code / Title 64.2 / Subtitle III / Chapter 10 / Article 6 / Section 64.2-1030
Repealed
Status: repealed

Repealed by Acts 2022, c. 354 , cl. 2.
Va. Code Ann. § 64.2-748 — Virginia Code / Title 64.2 / Subtitle III / Chapter 7 / Article 5 / Section 64.2-748
Overdue distribution
Status: in_force

A. In this section "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (i) the discretion is expressed in the form of a standard of distribution or (ii) the terms of the trust authorizing a distribution use language of discretion with language of direction.

B. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

2005, c. 935 , § 55-545.06; 2007, c. 216 ; 2012, c. 614 .
Va. Code Ann. § 64.2-1417 — Virginia Code / Title 64.2 / Subtitle IV / Part A / Chapter 14 / Article 1 / Section 64.2-1417
How judgment may be entered against personal representative, conservator, or committee
Status: in_force

A judgment or decree against the personal representative of a decedent, committee of a convict, or conservator of an incapacitated person as defined in § 64.2-2000 for a debt due from the decedent, convict, or incapacitated person may, without taking an account of the transactions of the representative, conservator, or committee, be entered to be paid out of the estate of the decedent, convict, or incapacitated person in, or that shall come into, the possession of the representative, conservator, or committee to be administered. If the circuit court holds that the proceeding for the debt would not have been brought if the fiduciary had prudently discharged his duty, the amount of the judgment or decree for costs shall be paid out of the estate of the representative, conservator, or committee.

Code 1919, § 5407; 1950, p. 356, § 26-6; 1997, c. 921 ; 2012, c. 614 .
Va. Code Ann. § 64.2-752 — Virginia Code / Title 64.2 / Subtitle III / Chapter 7 / Article 6 / Section 64.2-752
Settlor's powers; powers of withdrawal
Status: in_force

A. While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

B. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

C. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

2005, c. 935 , § 55-546.03; 2012, c. 614 ; 2020, c. 768 .
Va. Code Ann. § 64.2-781 — Virginia Code / Title 64.2 / Subtitle III / Chapter 7 / Article 9 / Section 64.2-781
Prudent investor rule
Status: in_force

A. Except as otherwise provided in subsection B or § 2.2-4519 or 64.2-1502 , a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this article.

B. The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A general authorization in a controlling document authorizing a trustee to invest in such assets as the trustee, in his sole discretion, may deem best, or other language purporting to expand the trustee's investment powers, shall not be construed to waive the rule of subsection A unless the controlling document expressly manifests an intention that it be waived (i) by reference to the "prudent man" or "prudent investor" rule, (ii) by reference to power of the trustee to make "speculative" investments, (iii) by an express authorization to acquire or retain a specific asset or type of asset such as a closely held business, or (iv) by other language synonymous with clause (i), (ii) or (iii). A trustee shall not be liable to a beneficiary for the trustee's good faith reliance on a waiver of the rule of subsection A.

1999, c. 772 , § 26-45.3; 2012, c. 614 .
Va. Code Ann. § 64.2-2118 — Virginia Code / Title 64.2 / Subtitle IV / Part D / Chapter 21 / Article 4 / Section 64.2-2118
Effect of registration
Status: in_force

A. Upon registration of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in the Commonwealth all powers authorized in the order of appointment except as prohibited under the laws of the Commonwealth, including maintaining actions and proceedings in the Commonwealth and, if the guardian or conservator is not a resident of the Commonwealth, subject to any conditions imposed upon nonresident parties.

B. A court of the Commonwealth may grant any relief available under this chapter and other laws of the Commonwealth to enforce a registered order.

2011, c. 518 , § 37.2-1050; 2012, c. 614 .
Va. Code Ann. § 64.2-1406 — Virginia Code / Title 64.2 / Subtitle IV / Part A / Chapter 14 / Article 1 / Section 64.2-1406
Notice required; certain substitutions validated
Status: in_force

A. Reasonable notice of a motion made pursuant to § 64.2-1405 for the appointment of a substitute trustee shall be provided to all persons interested in the execution of the trust other than the moving party. If any interested person is under 18 years of age, the circuit court or clerk shall appoint a discreet and competent attorney-at-law as guardian ad litem for such person on whom notice may be served. If any interested person is incapacitated or incarcerated, the notice shall be served on his committee, guardian, or conservator, if any, or if none exists, the court or clerk shall appoint a discreet and competent attorney-at-law as a guardian ad litem for such person on whom notice may be served. Notice does not need to be given to a trustee or, if one has previously been appointed, a substitute trustee who no longer resides the Commonwealth, declined to accept the trust, or resigned, or to the personal representative of a deceased trustee, or to a corporate trustee that has been adjudicated bankrupt or that has lost its charter.

B. In the case of the substitution of the trustee in a deed of trust securing the payment of indebtedness, notice of the motion made pursuant to § 64.2-1405 need only be given to the trustee or, if one has previously been appointed, to the substitute trustee unless notice to him is not required pursuant to subsection A; any beneficiaries appearing of record or known to the moving party; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person in whom the equitable title to the property conveyed by the deed of trust is vested at the time of the motion as shown by the deed records. In such case when the written notice of motion has been filed in the clerk's office of the court having jurisdiction as defined in § 64.2-1405 , service of the notice as to all parties mentioned in § 8.01-316 may be made in conformity with the provisions of §§ 8.01-316 , 8.01-317 , 8.01-318 , 8.01-320 , 8.01-322 , and 8.01-323 .

C. Any decree or order of substitution heretofore made by a court of competent jurisdiction is hereby validated.

D. Nothing in this section shall be construed as preventing a court from substituting a trustee in a suit instituted for that purpose.

Code 1919, § 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p. 337; Code 1950, § 26-50; 1972, c. 825; 1997, c. 921 ; 2012, c. 614 .
Va. Code Ann. § 64.2-2201 — Virginia Code / Title 64.2 / Subtitle V / Chapter 22 / Section 64.2-2201
Requirement of survival by 120 hours for statutory rights
Status: in_force

Except as provided in § 64.2-2205 , if the (i) title to property, (ii) devolution of property, or (iii) right to elect an interest in property, an augmented estate share or exempt property, or homestead or family allowance depends upon an individual surviving another, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other. However, this section does not apply if its application would result in a taking of an intestate estate by the Commonwealth.

1994, c. 475 , § 64.1-104.2; 2012, c. 614 .
Va. Code Ann. § 64.2-762 — Virginia Code / Title 64.2 / Subtitle III / Chapter 7 / Article 7 / Section 64.2-762
Reimbursement of expenses
Status: in_force

A. A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:

1. Expenses that were properly incurred in the administration of the trust; and

2. To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

B. An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.

2005, c. 935 , § 55-547.09; 2012, c. 614 .
Va. Code Ann. § 64.2-1804 — Virginia Code / Title 64.2 / Subtitle IV / Part C / Chapter 18 / Section 64.2-1804
Powers of courts over guardians
Status: in_force

The circuit courts may hear and determine all matters between guardians and their wards, require settlements of guardianship accounts, remove any guardian for neglect or breach of trust and appoint another guardian for the ward, and make any order for the custody, health, maintenance, education, and support of a ward and the management, disbursement, preservation, and investment of the ward's estate.

Code 1919, § 5326; Code 1950, § 31-14; 1999, c. 16 ; 2012, c. 614 .
Va. Code Ann. § 64.2-914 — Virginia Code / Title 64.2 / Subtitle III / Chapter 9 / Section 64.2-914
Reporting and accounting by custodial trustee; determination of liability
Status: in_force

A. Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (i) once each year, (ii) upon request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust. The statements shall be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.

B. A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.

C. A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.

D. If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.

E. In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.

F. On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.

1990, c. 264, § 55-34.15; 2012, c. 614 .
Va. Code Ann. § 64.2-1501 — Virginia Code / Title 64.2 / Subtitle IV / Part A / Chapter 15 / Section 64.2-1501
Time within which guardian of an estate, conservator, or other fiduciary to invest funds; reasonable diligence required
Status: in_force

A. Whenever a guardian of an estate, conservator, or other fiduciary charged with the investment of funds collects any principal, he shall have a reasonable time, not to exceed four months, to invest or loan the funds and shall not be charged with interest thereon until the expiration of such time. A guardian of an estate, conservator, or any other fiduciary shall only be required to invest in accordance with the provisions of §§ 64.2-1502 through 64.2-1506 and the Uniform Prudent Investor Act (§ 64.2-780 et seq.) and, if he invests in accordance with these provisions, he shall be accountable only for such interest and profits as are earned. If any funds are otherwise invested without the previous consent of the court having jurisdiction of such trust funds, the burden shall be on the guardian of an estate, conservator, or other fiduciary before his settlement is approved by the commissioner of accounts to show to the satisfaction of the commissioner of accounts that, after exercising reasonable diligence, he was unable to invest the funds in accordance with these provisions and that the investment made was reasonable and proper under all of the circumstances and fair to the beneficiary of the funds.

B. This section shall not be construed as altering the provisions of any will, deed, or other instrument that give the fiduciary discretion as to the rate of interest, character of security, nature or investment under the trust, or time within which the trust funds are to be loaned or invested.

Code 1919, § 5325; 1938, p. 203; 1946, p. 223; Code 1950, § 26-39; 1997, c. 842 ; 1999, c. 772 ; 2012, c. 614 .
Va. Code Ann. § 64.2-1607 — Virginia Code / Title 64.2 / Subtitle IV / Part B / Chapter 16 / Article 1 / Section 64.2-1607
When power of attorney effective
Status: in_force

A. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

B. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

C. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by (i) the principal's attending physician and a second physician or licensed clinical psychologist after personal examination of the principal that the principal is incapacitated within the meaning of subdivision 1 of the definition of incapacity in § 64.2-1600 or (ii) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of subdivision 1 of the definition of incapacity in § 64.2-1600 .

D. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.

2010, cc. 455 , 632 , § 26-80; 2012, c. 614 .
Va. Code Ann. § 64.2-405 — Virginia Code / Title 64.2 / Subtitle II / Chapter 4 / Article 1 / Section 64.2-405
Interested persons as competent witnesses
Status: in_force

No person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator.

Code 1950, §§ 64-53, 64-54; 1962, c. 338; 1968, c. 656, § 64.1-51; 2012, c. 614 .