Code of Virginia (Last Updated:July 28, 2020) |
TITLE 64.2. Wills, Trusts, and Fiduciaries |
SUBTITLE III. Trusts |
CHAPTER 7. Uniform Trust Code |
ARTICLE 1. General Provisions and Definitions |
SECTION 64.2-703. Default and mandatory rules |
A. Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. B. The terms of a trust prevail over any provision of this chapter except: 1. The requirements for creating a trust; 2. Subject to subsection I of § 64.2-756 and §§ 64.2-756 and 64.2-756 , the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; 3. The requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve; 4. The power of the court to modify or terminate a trust under §§ 64.2-756 through 64.2-756 ; 5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5 (§ 64.2-756 et seq.); 6. The power of the court under § 64.2-756 to require, dispense with, or modify or terminate a bond; 7. The power of the court under subsection B of § 64.2-756 to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high; 8. The effect of an exculpatory term under § 64.2-756 ; 9. The rights under §§ 64.2-756 through 64.2-756 of a person other than a trustee or beneficiary; 10. Periods of limitation for commencing a judicial proceeding; and 11. The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice. 2005, c. 64.2-756 , § 55-541.05; 2007, c. 64.2-756 ; 2012, c. 64.2-756 ; 2020, c. 64.2-756 . |