Термины трастов Виргинии с определениями

Сверено с законами Виргинии 2026-10-25. Общая информация, не юридическая консультация; официальный текст имеет приоритет.

Virginia's Uniform Trust Code

Chapter 7 of Title 64.2 of the Code of Virginia (Va. Code § 64.2-700 et seq.), which applies to express inter vivos trusts, charitable or noncharitable, to trusts created under a statute, judgment or decree that requires administration in the manner of an express trust, and to testamentary trusts except where the Commissioner of Accounts provisions or another part of the Code makes specific provision for them — the duty to inform and report applying to testamentary trusts by name (Va. Code § 64.2-700). It applies to all trusts created before, on or after July 1, 2006 (Va. Code § 64.2-808); the common law of trusts and principles of equity supplement it (Va. Code § 64.2-704); the terms of a trust prevail over it except as to the rules Va. Code § 64.2-703 lists. Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Circuit court

Virginia's court of general jurisdiction, in thirty-one judicial circuits made up of the counties and cities Va. Code § 17.1-506 names. The circuit courts have jurisdiction of the probate of wills, offered where the decedent had a known place of residence (Va. Code § 64.2-443); the court or its clerk qualifies trustees and takes their bonds (Va. Code § 64.2-1400); and the court hears petitions to remove a trustee (Va. Code § 64.2-759) and to appoint one in another's place (Va. Code § 64.2-1405). Руководство: Пробейт в Виргинии: объяснение

Qualification before the clerk

The step by which a fiduciary is admitted to serve before the circuit court or its clerk, giving bond and taking an oath. The clerk may qualify any trustee named in a will, deed or other writing and take the necessary bonds as the court could, ex parte and with no prior notice to the beneficiaries (Va. Code § 64.2-1400). A trustee named in a will qualifies and gives bond before acting, in the jurisdiction where the will was probated (Va. Code § 64.2-1401); a trustee under a deed or other writing qualifies only where the instrument requires it, or voluntarily, the trust then administered as if qualification had been required (Va. Code § 64.2-1403). A qualifying fiduciary gives the information the clerk's forms ask (Va. Code § 64.2-1409). Руководство: Преемник-управляющий в Виргинии: принятие роли

Commissioner of Accounts

A discreet and competent attorney-at-law appointed by the judges of each circuit court, removable at the court's pleasure, who has general supervision of all fiduciaries admitted to qualify in the court or before its clerk and makes all ex parte settlements of their accounts, keeping supervision over every account referred until a final account is approved (Va. Code § 64.2-1200). The court prescribes the commissioner's fees (Va. Code § 64.2-1219); the commissioner posts the list of fiduciaries whose accounts are before him and settles none until 10 days after posting (Va. Code § 64.2-1222). Руководство: Требования к отчётности траста в Виргинии

Testamentary trust

A trust created by will or other disposition taking effect on the settlor's death (Va. Code § 64.2-719). Its trustee qualifies where the will was admitted to probate (Va. Code § 64.2-1401), returns an inventory to the Commissioner of Accounts within four months after first receiving assets (Va. Code § 64.2-1300(C)) and accounts each calendar year on or before May 1 (Va. Code § 64.2-1306), unless the will waives accounts and the trustee gives the 90-day notice (Va. Code § 64.2-1307). A circuit court that creates a trust on petition decides whether its trustee accounts as a testamentary trustee would (Va. Code § 64.2-719). Руководство: Виды трастов в Виргинии

Settlor

A person, including a testator, who creates or contributes property to a trust; where more than one person does, each is a settlor of the portion of the trust property attributable to that person's contribution, except to the extent another person has the power to revoke or withdraw it (Va. Code § 64.2-701). A trust is created only if the settlor has capacity and indicates an intention to create it, the trust has a definite beneficiary or a permitted purpose, the trustee has duties to perform and the same person is not the sole trustee and sole beneficiary (Va. Code § 64.2-720).

Trustee

An original, additional or successor trustee and a cotrustee (Va. Code § 64.2-701). Upon acceptance of a trusteeship, the trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with the chapter (Va. Code § 64.2-763), as a prudent person would, exercising reasonable care, skill and caution (Va. Code § 64.2-766). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Successor trustee

The trustee who fills a vacancy — which occurs when a designated trustee rejects the trusteeship, cannot be identified or does not exist, or a trustee resigns, is disqualified or removed, dies or is adjudicated an incapacitated person. A vacancy that must be filled is filled, for a noncharitable trust, by the person the terms designate as successor, then by a person the qualified beneficiaries appoint by unanimous agreement, then by a person the court appoints (Va. Code § 64.2-757). Title to all trust property vests in the successor on acceptance, without any conveyance by the prior trustee (Va. Code § 64.2-760), and the successor takes the original trustee's rights, powers and duties unless the instrument or the order says otherwise (Va. Code § 64.2-757). Руководство: Преемник-управляющий в Виргинии: принятие роли

Acceptance of the trusteeship

A person designated as trustee accepts by substantially complying with a method of acceptance the terms provide or, where the terms provide none or the method is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee or otherwise indicating acceptance (Va. Code § 64.2-754). The 60-day acceptance notice runs from it (Va. Code § 64.2-775(B)(2)), and a trustee named in a will qualifies before acting (Va. Code § 64.2-1401). Руководство: Преемник-управляющий в Виргинии: принятие роли

Deemed rejection

A designated trustee who has not yet accepted may reject the trusteeship, and one who does not accept within a reasonable time after knowing of the designation is deemed to have rejected it — the statute counts no days. Without accepting, a designee may act to preserve the trust property if, within a reasonable time after acting, the designee sends a rejection to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary, and may inspect the property to learn of potential liability (Va. Code § 64.2-754). A rejection is a vacancy (Va. Code § 64.2-757). Руководство: Преемник-управляющий в Виргинии: принятие роли

Beneficiary

A person who has a present or future beneficial interest in a trust, vested or contingent, who holds a power of appointment over trust property, or an identified charitable organization that will or may receive distributions under the terms of the trust (Va. Code § 64.2-701). A trustee administers the trust solely in the interests of the beneficiaries (Va. Code § 64.2-764), and any beneficiary may request a copy of the trust instrument (Va. Code § 64.2-775(B)(1)).

Current beneficiary

A beneficiary who, on the date the beneficiary's qualification is determined, is a distributee or permissible distributee of trust income or principal, including the holder of a presently exercisable general power of appointment (Va. Code § 64.2-701). The decanting power is measured by a fiduciary's discretion over distributions to current beneficiaries (Va. Code § 64.2-779.8), and a will that waives a testamentary trustee's accounts leaves each adult current beneficiary the right to demand them (Va. Code § 64.2-1307(D)).

Qualified beneficiary

A beneficiary who, on the date the beneficiary's qualification is determined, is a distributee or permissible distributee of trust income or principal; would be a distributee or permissible distributee if the interests of those distributees terminated on that date without causing the trust to terminate; or would be one if the trust terminated on that date (Va. Code § 64.2-701). The trustee keeps the qualified beneficiaries reasonably informed and sends them the two 60-day notices (Va. Code § 64.2-775). Руководство: Требования к отчётности траста в Виргинии

Others treated as qualified beneficiaries

Whenever the chapter requires notice to the qualified beneficiaries, the trustee also gives notice to any other beneficiary who has sent the trustee a request for notice (Va. Code § 64.2-708(A)). A charitable organization expressly designated to receive distributions under a charitable trust, and a person appointed to enforce a trust for an animal or another noncharitable purpose, have a qualified beneficiary's rights (Va. Code § 64.2-708(B), (C)); the Attorney General has them for a charitable trust administered in the Commonwealth, but receives the resignation notice and the information and reports of Va. Code § 64.2-775 only on request (Va. Code § 64.2-708(D)).

Representation

Notice to a person who may represent and bind another has the same effect as notice given directly to the other person, and the representative's consent binds the person represented unless that person objects before the consent becomes effective (Va. Code § 64.2-714). To the extent there is no conflict of interest, a conservator or guardian may represent the estate or ward, an agent with authority over the question the principal, a trustee the trust's beneficiaries, a personal representative those interested in the estate, and a parent — failing others, a grandparent or more remote ancestor — a minor or unborn child (Va. Code § 64.2-716).

Revocable trust

A trust revocable by the settlor without the consent of the trustee or of a person holding an adverse interest (Va. Code § 64.2-701). Unless the terms expressly provide that it is irrevocable, the settlor may revoke or amend a trust — a rule that does not apply to a trust created under an instrument executed before July 1, 2006 (Va. Code § 64.2-751(A)). The capacity required is that required to make a will (Va. Code § 64.2-750); while the trust is revocable, the trustee's duties are owed exclusively to the settlor, and the trustee may follow the settlor's direction even if contrary to the terms (Va. Code § 64.2-752). Руководство: Отзывный прижизненный траст Виргинии: объяснение

Irrevocable trust

A trust that cannot be revoked — because its terms so provide, or because the settlor has died or otherwise lost the power. The trustee's duties then run to the beneficiaries, and within 60 days after the trustee learns that the trust is irrevocable the qualified beneficiaries are told of its existence and their rights (Va. Code § 64.2-775(B)(3)). A noncharitable irrevocable trust may be modified or terminated by the settlor's and all the beneficiaries' consent with the court's approval, or by the beneficiaries' consent where no material purpose is defeated (Va. Code § 64.2-729). Руководство: Безотзывный траст в Виргинии: объяснение

Acceptance notice

The notice a trustee gives the qualified beneficiaries within 60 days after accepting a trusteeship, of the acceptance and of the trustee's name, address and telephone number (Va. Code § 64.2-775(B)(2)). It is owed only for an irrevocable trust created, or a revocable trust that becomes irrevocable, on or after July 1, 2006 (Va. Code § 64.2-775(E)); a beneficiary may waive it (Va. Code § 64.2-775(D)); it is sent by a method Va. Code § 64.2-707 permits. Руководство: Преемник-управляющий в Виргинии: принятие роли

Irrevocability notice

The notice a trustee gives the qualified beneficiaries within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or that a formerly revocable trust has become irrevocable by the settlor's death or otherwise: of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee's report (Va. Code § 64.2-775(B)(3)). The clock is the trustee's knowledge, not the event; the July 1, 2006 line of Va. Code § 64.2-775(E) applies. Руководство: Правопреемник-попечитель после смерти в Виргинии: первые шаги

The July 1, 2006 line

Subsection E of Va. Code § 64.2-775 confines the acceptance notice, the irrevocability notice and the annual report to an irrevocable trust created, or a revocable trust that becomes irrevocable, on or after the chapter's effective date — July 1, 2006 (Va. Code § 64.2-808). For an older trust the duty to keep the qualified beneficiaries informed, the response to a request, the copy of the instrument and the advance notice of a compensation change still apply (Va. Code § 64.2-775(A), (B)(1), (B)(4)); a right barred under an earlier statute's period stays governed by it (Va. Code § 64.2-808). Руководство: Требования к отчётности траста в Виргинии

Duty to inform

A trustee keeps the qualified beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests and, unless unreasonable under the circumstances, promptly responds to a beneficiary's request for information related to the administration; a trustee who declines in a good-faith belief that answering would be unreasonable or contrary to the settlor's purposes is not subject to removal or other sanctions for it (Va. Code § 64.2-775(A)). The duty is a default rule the terms may vary (Va. Code § 64.2-703). Руководство: Требования к отчётности траста в Виргинии

Copy of the trust instrument on request

A trustee, upon request of a beneficiary, promptly furnishes the beneficiary a copy of the trust instrument (Va. Code § 64.2-775(B)(1)) — any beneficiary, with no day count stated. To a person other than a beneficiary the trustee may furnish a certification of trust instead, and a person who demands the instrument in addition to a certification is liable for damages if the court finds the demand was not in good faith (Va. Code § 64.2-804). Руководство: Требования к отчётности траста в Виргинии

Trustee's report

The report a trustee sends at least annually and at the trust's termination to the distributees and permissible distributees of income or principal, and to other qualified or nonqualified beneficiaries who request it: of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their market values (Va. Code § 64.2-775(C)). On a vacancy with no cotrustee remaining, the former trustee sends one to the qualified beneficiaries. A report that adequately discloses a potential claim and states the time allowed starts a one-year limitation period (Va. Code § 64.2-796(A)). Руководство: Требования к отчётности траста в Виргинии

Waiver of reports and information

A beneficiary may waive the right to a trustee's report or other information and may withdraw the waiver as to future reports and information (Va. Code § 64.2-775(D)). The duties to inform and report are not among the rules Va. Code § 64.2-703 makes mandatory, so the terms of a trust may vary them. A testamentary trustee's accounts to the Commissioner of Accounts follow their own rules (Va. Code §§ 64.2-1306, 64.2-1307). Руководство: Требования к отчётности траста в Виргинии

Default and mandatory rules

Except as the terms of the trust provide otherwise, the chapter governs the trustee's duties and powers, relations among trustees and the beneficiaries' rights and interests; the terms prevail except as to eleven rules — among them the requirements for creating a trust, the duty to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries, the court's powers to modify or terminate a trust, over a bond and to adjust compensation, the effect of a spendthrift provision and of an exculpatory term, the rights of persons dealing with a trustee, the periods of limitation and the court's power to act as justice requires (Va. Code § 64.2-703). The duties to inform and report are not on the list.

Inventory to the Commissioner of Accounts

A trustee who qualifies in the circuit court clerk's office returns to the Commissioner of Accounts, within four months after the first date any assets are received, an inventory of the real and personal estate under the trustee's supervision and control, each item at its market value on the date received; a trustee not required to account under Va. Code § 64.2-1307 is exempt while no duty to file annual accounts remains, and later assets go on an amended inventory within four months after their receipt (Va. Code § 64.2-1300). A missing inventory draws a summons and, after 30 days, the court's fine of up to $500 (Va. Code § 64.2-1215). Руководство: Требования к отчётности траста в Виргинии

Account to the Commissioner of Accounts

A testamentary trustee exhibits before the Commissioner of Accounts of the court where the order conferring authority was entered a statement of all money and property received, chargeable or disbursed for each calendar year, on or before May 1 of the year following the initial funding and each year after (Va. Code § 64.2-1306), signed by all fiduciaries (Va. Code § 64.2-1206), with vouchers and a statement of assets on hand (Va. Code § 64.2-1311); a principal of $35,000 or less may be permitted accounts every three years (Va. Code § 64.2-1313). The commissioner's report stands confirmed 15 days after filing absent exceptions (Va. Code § 64.2-1212) and is then taken as correct unless surcharged or falsified (Va. Code § 64.2-1213) in a suit within ten years (Va. Code § 8.01-245). Руководство: Требования к отчётности траста в Виргинии

Will that waives accounts

A testamentary trustee need not file accounts with the Commissioner of Accounts if the will of a decedent probated on or after July 1, 1993 waives the obligation, or the sole beneficiary is also a trustee. Where the will waives accounts, the trustee within 90 days after qualification notifies in writing each adult beneficiary to whom income or principal could currently be distributed, with a copy of the will's provisions, the right to require an annual accounting and a copy of the section, and sends the commissioner a copy or a writing that this was done (Va. Code § 64.2-1307(B)); any such beneficiary may later demand annual settlements (Va. Code § 64.2-1307(D)), and the court may order them (Va. Code § 64.2-1307(G)). Руководство: Требования к отчётности траста в Виргинии

Forfeiture of compensation for a late account

A fiduciary who wholly fails to file an account before the Commissioner of Accounts within four months after the year's expiration — or who files one but is found chargeable with money or property not included — receives no compensation for services during that year, or commission on the omitted property, unless the commissioner allows it for good cause shown (Va. Code § 64.2-1217). The commissioner lists delinquent fiduciaries for the court, which summons them (Va. Code § 64.2-1216). Руководство: Вознаграждение управляющего в Виргинии (Va. Code § 64.2-761)

Trustee's bond

Except as the Commissioner of Accounts provisions require, a trustee gives bond only if the court finds one needed to protect the beneficiaries' interests, or the terms require one and the court has not dispensed with it; a regulated financial service institution qualified to do trust business in the Commonwealth need not give bond (Va. Code § 64.2-755). A trustee named in a will gives bond on qualifying, with surety unless the will waives it or a bank or trust company is exempt (Va. Code §§ 64.2-1401, 6.2-1003); the clerk requires no security where the instrument directs none, unless an interested person shows it ought to be required (Va. Code § 64.2-1400). Руководство: Преемник-управляющий в Виргинии: принятие роли

Nonresident trustee

A natural person who is not a Virginia resident may qualify as trustee under a will, filing with the clerk a written consent that service of process and notices about the administration may be made on the clerk or a Virginia resident the nonresident appoints, and giving bond with surety unless a resident fiduciary qualifies at the same time or surety is waived (Va. Code § 64.2-1426). A qualified fiduciary who moves out of the Commonwealth tells the clerk and the Commissioner of Accounts the new address within 30 days, on pain of a $50 civil penalty, unless a cofiduciary is a Virginia resident (Va. Code § 64.2-1409(B)). Руководство: Преемник-управляющий в Виргинии: принятие роли

Certification of trust

A statement a trustee may furnish to a person other than a beneficiary instead of a copy of the trust instrument, containing eight items: that the trust exists and the date the instrument was executed; the identity of the settlor; the identity and address of the currently acting trustee; the powers of the trustee; the revocability or irrevocability of the trust and the identity of any person holding a power to revoke it; the authority of cotrustees to sign and whether all or less than all are required to exercise powers; the trust's taxpayer identification number; and the manner of taking title to trust property. Any trustee may sign it; it states that the trust has not been revoked, modified or amended in a way that would make it incorrect, and a person relying on it in good faith is protected (Va. Code § 64.2-804). Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Duty of loyalty

A trustee administers the trust solely in the interests of the beneficiaries (Va. Code § 64.2-764). A sale, encumbrance or other transaction involving trust property for the trustee's own account, or otherwise affected by a conflict between fiduciary and personal interests, is voidable by an affected beneficiary unless the terms authorized it, the court approved it, the beneficiary did not sue in time, or the beneficiary consented, ratified or released the trustee; a transaction with the trustee's spouse, descendants, siblings, parents, agent or attorney, or an enterprise in which the trustee has an interest that might affect the trustee's judgment, is presumed to be affected by a conflict (Va. Code § 64.2-764). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Impartiality

If a trust has two or more beneficiaries, the trustee acts impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests (Va. Code § 64.2-765), and invests and manages the assets taking into account any differing interests of the beneficiaries (Va. Code § 64.2-785). A fiduciary may convert an income trust to a unitrust where that helps administer the trust impartially (Va. Code § 64.2-1041). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Prudent administration

A trustee administers the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust, exercising reasonable care, skill and caution (Va. Code § 64.2-766); incurs only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee (Va. Code § 64.2-767); and, having special skills or expertise, or having been named in reliance on a representation of them, uses them (Va. Code § 64.2-768). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Prudent investor rule

Virginia's Uniform Prudent Investor Act (Article 9 of the chapter): a trustee who invests and manages trust assets owes the beneficiaries a duty to comply with the prudent investor rule, which the trust may expand, restrict, eliminate or otherwise alter — but a general grant of discretion does not waive it unless the document expressly says so, by reference to the rule, to speculative investments or to a specific asset such as a closely held business (Va. Code § 64.2-781). The trustee diversifies unless special circumstances make the trust's purposes better served without it (Va. Code § 64.2-783), and compliance is judged by the facts at the time of the decision, not by hindsight (Va. Code § 64.2-787). Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Review of the assets at the start

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee reviews the trust assets and makes and implements decisions concerning their retention and disposition, to bring the portfolio into compliance with the purposes, terms, distribution requirements and other circumstances of the trust and with the prudent investor rule (Va. Code § 64.2-784) — no day-count. Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Delegation

A trustee may delegate duties and powers, investment and management functions among them, that a prudent trustee of comparable skills could properly delegate, exercising reasonable care, skill and caution in selecting the agent, setting the scope and terms of the delegation and periodically reviewing the agent's actions; the agent owes the trust a duty of reasonable care, submits to the jurisdiction of the Commonwealth's courts, and a trustee who complies is not liable for the agent's acts (Va. Code §§ 64.2-769, 64.2-788). Virginia's sections name no notice to the beneficiaries of a delegation. Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Cotrustees

Cotrustees unable to reach a unanimous decision may act by majority decision, and on a vacancy the remaining cotrustees may act for the trust. Each cotrustee participates in the trustee's functions unless unavailable or having properly delegated the function to another trustee, and each exercises reasonable care to prevent a cotrustee from committing a serious breach of trust and to compel a cotrustee to redress one; a dissenting trustee who notified the others of the dissent is not liable for the majority's action unless it is a serious breach (Va. Code § 64.2-756). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Trust director and directed trustee

Virginia's Uniform Directed Trust Act (Article 8.2 of the chapter): the terms of a trust may grant a power of direction to a trust director, who may exercise any further power appropriate to it, joint directors acting by majority (Va. Code § 64.2-779.29). A directed trustee takes reasonable action to comply with the director's exercise or nonexercise of the power and is not liable for doing so, except that it must not comply to the extent that complying would be willful misconduct; with reasonable doubt about its duty it may petition the court for instructions (Va. Code § 64.2-779.32). The Act's definitions are Va. Code § 64.2-779.26. Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Trustee compensation

If the terms of a trust do not specify the trustee's compensation, the trustee is entitled to compensation that is reasonable under the circumstances; if they do, the trustee is entitled to the compensation specified, but the court may allow more or less where the duties are substantially different from those contemplated or the specified compensation would be unreasonably low or high (Va. Code § 64.2-761). The Commissioner of Accounts allows a fiduciary who accounts reasonable compensation, in the form of a commission on receipts or otherwise (Va. Code § 64.2-1208). The qualified beneficiaries are notified in advance of a change in the method or rate (Va. Code § 64.2-775(B)(4)). The Code sets no percentage schedule for a trustee's compensation. Руководство: Вознаграждение управляющего в Виргинии (Va. Code § 64.2-761)

Reimbursement of expenses

A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for expenses properly incurred in the administration of the trust and, to the extent necessary to prevent unjust enrichment of the trust, for expenses not properly incurred; an advance of money for the protection of the trust gives rise to a lien against trust property securing reimbursement with reasonable interest (Va. Code § 64.2-762). Руководство: Вознаграждение управляющего в Виргинии (Va. Code § 64.2-761)

Discretionary powers

However broad the words granting discretion — "absolute," "sole" or "uncontrolled" — a trustee exercises a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. Unless the terms expressly say otherwise, a person other than a settlor who is both beneficiary and trustee may make discretionary distributions for the trustee's own benefit only under an ascertainable standard, and may not use one to satisfy the trustee's personal legal obligation of support (Va. Code § 64.2-776). Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

General and specific powers

Without court authorization, a trustee may exercise the powers the terms confer and, except as the terms limit them, all powers over the trust property that an unmarried competent owner has over individually owned property, every power subject to the trustee's fiduciary duties (Va. Code § 64.2-777) — among the listed powers to collect and sell property, deposit money, borrow, continue a business, lease beyond the trust's term, insure, settle claims, pay taxes and expenses, make tax elections, pay a disabled beneficiary's distribution to a caregiver or custodian, and distribute in kind or in cash (Va. Code § 64.2-778). A will or trust may also incorporate the list of fiduciary powers in Va. Code § 64.2-105 by reference. Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Spendthrift provision

A term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest; a term holding the interest subject to a "spendthrift trust," or words of similar import, suffices. A beneficiary may not transfer an interest in violation of it and, except as Article 5 provides, a creditor or assignee may not reach the interest or a distribution before the beneficiary receives it (Va. Code § 64.2-743). A beneficiary's child with a support order, a judgment creditor who protected the beneficiary's interest, and the United States, the Commonwealth and its localities may still obtain an order attaching distributions (Va. Code § 64.2-744). Руководство: Защита активов в Виргинии: основы

Discretionary trust

Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution subject to the trustee's discretion, even if expressed as a standard of distribution or the trustee has abused it; to the extent a trustee has not complied with a standard or has abused a discretion, the court may order a distribution to satisfy a judgment or order for the support of the beneficiary's child, the amount equitable under the circumstances (Va. Code § 64.2-746). Руководство: Защита активов в Виргинии: основы

Overdue distribution

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 — one the terms require, including a distribution on termination, not one subject to the trustee's discretion — if the trustee has not made it within a reasonable time after the designated distribution date (Va. Code § 64.2-748).

Qualified self-settled spendthrift trust

A trust in which the settlor keeps a qualified interest, defined in Va. Code § 64.2-745.2. The settlors'-creditors rule of Va. Code § 64.2-747 does not apply to that interest, and a transfer to the trust is not deemed made with intent to delay, hinder or defraud creditors merely because the settlor keeps the interest or gives no consideration — though it may be set aside on other grounds under Va. Code § 55.1-400 or § 55.1-401, and a creditor whose claim existed on the transfer date may sue to avoid it within five years (Va. Code § 64.2-745.1). Руководство: Защита активов в Виргинии: основы

Settlor's creditors

During the settlor's lifetime, the property of a revocable trust is subject to the settlor's creditors; for an irrevocable trust a creditor may reach the most that can be distributed to or for the settlor (Va. Code § 64.2-747(A)(1), (2)). After the death, the property of a trust revocable at death answers for the settlor's creditors, the estate's administration costs, the funeral and the statutory allowances to the extent the probate estate is inadequate — life insurance proceeds excluded — but no proceeding may be commenced unless the personal representative has received a written demand, and none later than two years after the death (Va. Code § 64.2-747(A)(3)). Руководство: Защита активов в Виргинии: основы

Entireties property held in trust

Spouses may own real or personal property as tenants by the entirety while married (Va. Code § 55.1-136). Notwithstanding Va. Code § 64.2-747, entireties property the spouses convey to their joint or separate revocable or irrevocable trusts, and its proceeds, keep the same immunity from their separate creditors as if it had stayed entireties property, so long as they remain married to each other, it stays in the trust and it remains their property; the trustee may waive the immunity under an express trust provision or with both spouses' written consent (Va. Code § 55.1-136). Руководство: Защита активов в Виргинии: основы

Nonjudicial settlement agreement

Interested persons — those whose consent would be required for a binding settlement were the court to approve it — may enter into a binding agreement on any matter involving a trust, valid only to the extent it does not violate a material purpose of the trust and includes terms the court could properly approve: among them the interpretation of the terms, the approval of a trustee's report or accounting, the resignation or appointment of a trustee and the trustee's compensation, the transfer of the place of administration and the trustee's liability; any interested person may ask the court to approve it (Va. Code § 64.2-709). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Modification or termination

On petition, the court approves the modification or termination of a noncharitable irrevocable trust to which the settlor and all beneficiaries consent, even if inconsistent with a material purpose; on the beneficiaries' consent alone the court may terminate it where continuance is not necessary to any material purpose, or modify it where the change is not inconsistent with one (Va. Code § 64.2-729). The court may also modify or terminate a trust because of circumstances the settlor did not anticipate (Va. Code § 64.2-730). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Uneconomic trust

After notice to the qualified beneficiaries, the trustee of a trust whose property has a total value less than $250,000 may terminate it without court approval on concluding that the value is insufficient to justify the cost of administration, distributing consistently with the trust's purposes; the court may also modify or terminate a trust, or replace the trustee, on that ground (Va. Code § 64.2-732). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Decanting

Virginia's Uniform Trust Decanting Act (Article 8.1 of the chapter): an authorized fiduciary with discretion to distribute a trust's income or principal may distribute it to a second trust (Va. Code §§ 64.2-779.8, 64.2-779.9), without consent or court approval but after notice in a record at least 60 days before the exercise to the living settlor, the qualified beneficiaries and the others the section lists, with copies of both instruments (Va. Code § 64.2-779.5). It applies to an irrevocable express trust, not one held solely for charitable purposes (Va. Code § 64.2-779.1), and the instrument may prohibit it expressly (Va. Code § 64.2-779.12). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Unitrust conversion

A fiduciary may, without court approval, convert an income trust to a unitrust, change the unitrust percentage or method, or convert back, if the action will help administer the trust impartially and, after the notice of Va. Code § 64.2-1042, no objection is received by its date (Va. Code § 64.2-1041). The notice goes to the qualified beneficiaries, each trust director and each holder of a power to appoint or remove a trustee, and gives an objection date at least 30 days after it is sent (Va. Code § 64.2-1042). Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Transfer of the principal place of administration

The trustee of an inter vivos trust may transfer the principal place of administration to another state or abroad where appropriate to the trust's purposes, its administration and the beneficiaries' interests; for a transfer out of the Commonwealth the trustee notifies the qualified beneficiaries not less than 60 days before initiating it, stating the new jurisdiction, the address and telephone number there, the reasons, the anticipated date and the date — not less than 60 days after the notice — by which to object (Va. Code § 64.2-706(C)); a timely objection terminates the authority to transfer (Va. Code § 64.2-706(D)).

Resignation

A trustee may resign upon at least 30 days' notice to the living settlor, all cotrustees and the qualified beneficiaries — not those of a revocable trust while the settlor has capacity to revoke — or with the court's approval; the resignation does not discharge the trustee's or the sureties' liability for the trustee's acts (Va. Code § 64.2-758). Until the property is delivered, a former trustee keeps the duties and the powers necessary to protect it and proceeds expeditiously to deliver it (Va. Code § 64.2-760). Руководство: Преемник-управляющий в Виргинии: принятие роли

Removal

The settlor, a cotrustee or a beneficiary — for a charitable trust, the Attorney General — may petition the court to remove a trustee, or the court may act on its own initiative, for a serious breach of trust; lack of cooperation among cotrustees that substantially impairs the administration; unfitness, unwillingness or persistent failure to administer the trust effectively; or a substantial change of circumstances or a request of all the qualified beneficiaries, where removal best serves all the beneficiaries, is not inconsistent with a material purpose and a suitable successor is available (Va. Code § 64.2-759). Руководство: Преемник-управляющий в Виргинии: принятие роли

Breach of trust and remedies

A violation by a trustee of a duty the trustee owes a beneficiary is a breach of trust, and the court may compel performance, enjoin a breach, compel redress, order an accounting, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation, void an act or impose a lien or constructive trust, or order other relief (Va. Code § 64.2-792). A trustee is liable for the greater of the loss restored or the profit made by the breach (Va. Code § 64.2-793), accounts for any profit even absent a breach (Va. Code § 64.2-794), and the court may award reasonable attorney fees as justice and equity require (Va. Code § 64.2-795). Руководство: Обязанности правопреемника-попечителя в Виргинии после смерти

Exculpatory term

A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent it relieves the trustee of liability for a breach committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries, or was inserted as the result of an abuse of a fiduciary or confidential relationship to the settlor; one drafted by the trustee is invalid unless the trustee proves it was adequately communicated to the settlor (Va. Code § 64.2-799).

Beneficiary's consent, release or ratification

A trustee is not liable to a beneficiary for a breach of trust if the beneficiary consented to the conduct, released the trustee or ratified the transaction, unless the consent, release or ratification was induced by the trustee's improper conduct or the beneficiary did not then know of the beneficiary's rights or the material facts (Va. Code § 64.2-800(A)); a release on termination is invalid on the same grounds (Va. Code § 64.2-779(C)). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Deemed release after 60 days

When a trust terminates or the trustee ceases to serve, a beneficiary is deemed to have released the trustee and ratified its actions if the trustee sends the report of Va. Code § 64.2-775(C) for the preceding two years, the taxes, expenses and fees still to be paid, a notice of the termination and of the effect of not objecting in writing within 60 days and, for a terminating trust, a description of property not yet received and a proposal for distribution — and the beneficiary does not object in writing within those 60 days (Va. Code § 64.2-800(B)). It does not apply to a decanting (Va. Code § 64.2-800(C)); compliance followed by distribution has the effect of a court's order approving the accounts (Va. Code § 64.2-800(E)). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Limitation of action against the trustee

A beneficiary may not commence a proceeding for breach of trust more than one year after being sent a report that adequately disclosed the existence of a potential claim and informed the beneficiary of the time allowed (Va. Code § 64.2-796(A)), a report being adequate if it gives information enough to know of the claim or to inquire (Va. Code § 64.2-796(B)); otherwise the proceeding is commenced within five years after the first of the trustee's removal, resignation or death, the end of the beneficiary's interest or the trust's termination (Va. Code § 64.2-796(C)). Fraud carries its own two-year period from discovery (Va. Code § 64.2-796(D)); the ten years of Va. Code § 8.01-245 are not reduced (Va. Code § 64.2-796(E)). Руководство: Требования к отчётности траста в Виргинии

Contest period

A person may commence a proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of two years after the death or six months after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address and the time allowed; after the death the trustee may distribute under the terms without liability unless the trustee knows of a pending contest, or a potential contestant's notification is followed by a proceeding within 60 days (Va. Code § 64.2-753). Where a presumption of undue influence arises, the finder of fact presumes it was exerted unless the evidence shows the decedent intended the transfer (Va. Code § 64.2-724.1). Руководство: Правопреемник-попечитель после смерти в Виргинии: первые шаги

Distribution on termination

Upon an event terminating or partially terminating a trust, the trustee proceeds expeditiously to distribute the trust property to the persons entitled to it, subject to the right to retain a reasonable reserve for debts, expenses and taxes; the trustee may first send a proposal for distribution, and a beneficiary's right to object ends 30 days after it was sent if it informed the beneficiary of the right and the time (Va. Code § 64.2-779). Руководство: Прекращение траста в Виргинии: завершающие шаги попечителя

Methods of notice

Notice to a person, or the sending of a document, is accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message (Va. Code § 64.2-707(A)). Notice need not be given to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee (Va. Code § 64.2-707(B)), and the person to be notified may waive it (Va. Code § 64.2-707(C)).

Persons dealing with a trustee

A person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowing that the trustee is exceeding or improperly exercising its powers, is protected as if the trustee properly exercised the power, and need not inquire into the trustee's powers or their exercise (Va. Code § 64.2-803). A trustee who reasonably relies on the trust instrument is not liable for a breach resulting from the reliance (Va. Code § 64.2-797), and one who used reasonable care to learn of an event affecting distribution is not liable for a loss from not knowing of it (Va. Code § 64.2-798).

Trustee's personal liability

Except as a contract provides, a trustee is not personally liable on a contract properly entered into in the fiduciary capacity if the contract disclosed that capacity, and is personally liable for torts committed in the administration, or for obligations arising from owning or controlling trust property, only if personally at fault; such a claim may be asserted against the trustee in its fiduciary capacity either way (Va. Code § 64.2-801).

Notice of probate

A personal representative — or the will's proponent where no one qualifies — gives written notice of the qualification or probate within 30 days, by delivery or first-class mail, to the surviving spouse, the heirs at law, the living and ascertained beneficiaries under the will, including the beneficiaries of a trust it creates, and the beneficiaries of an earlier will probated in the same court, with the statements the section prescribes; within four months an affidavit of the notice is recorded (Va. Code § 64.2-508). The representative also files a list of heirs under oath (Va. Code § 64.2-509). Руководство: Пробейт в Виргинии: объяснение

Notice to creditors

On qualification, a personal representative may publish a notice to all persons having a claim against the decedent, once a week for two consecutive weeks, and deliver or mail a copy to every known disputed claimant; every claimant presents the claim by the later of at least six months after the first publication or 90 days after a copy reaches the claimant, in writing to the representative or by filing with the Commissioner of Accounts (Va. Code §§ 64.2-508.1, 64.2-552) — enacted in 2026. Separately, after six months from qualification the court may order creditors to show cause against distribution (Va. Code § 64.2-556). Руководство: Пробейт в Виргинии: объяснение

Estate inventory and accounts

A personal representative returns an inventory to the Commissioner of Accounts within four months after qualifying (Va. Code § 64.2-1300(A)) and exhibits a first account within 16 months from qualification for the first 12 months, then accounts within four months after each later 12-month period (Va. Code § 64.2-1304), sending copies to those who asked in writing (Va. Code § 64.2-1303). The clerk waives the inventory and settlement where the personal estate does not exceed $35,000 and the person qualifying is an heir, a beneficiary or a creditor whose claim exceeds the estate's value, unless real estate under a power of sale is involved (Va. Code § 64.2-1302). Руководство: Пробейт в Виргинии: объяснение

Small-asset affidavit

A person holding a small asset of the decedent — personal property worth no more than $75,000 at the death (Va. Code § 64.2-600) — pays or delivers it to a designated successor on an affidavit of all known successors, on the Office of the Executive Secretary's form, stating among other things that the entire personal probate estate does not exceed $75,000, that at least 60 days have passed since the death and that no personal representative has been appointed or applied for (Va. Code § 64.2-601). A trust's assets are not part of the probate estate the affidavit counts. Руководство: Пробейт в Виргинии: объяснение

Elective share

The surviving spouse of a decedent domiciled in Virginia may elect to take 50 percent of the value of the marital-property portion of the augmented estate (Va. Code § 64.2-308.3), which counts the decedent's non-probate transfers to others, including property the decedent could revoke for the decedent's own benefit, as a revocable trust (Va. Code § 64.2-308.6). The election is made within six months after the later of probate or an administrator's qualification, the complaint within six months after the election, and the non-probate transfers are not counted if the complaint comes more than 12 months after the death; the court may order contribution from a trustee holding property of the augmented estate (Va. Code § 64.2-308.12). Руководство: Правопреемник-попечитель после смерти в Виргинии: первые шаги

Family allowance, exempt property and homestead allowance

On the death of a decedent domiciled in Virginia, the surviving spouse and the minor children the decedent supported are entitled to a family allowance of up to $30,000 in a lump sum or $2,500 a month for a year (Va. Code § 64.2-309); the surviving spouse — else the minor children — to exempt property worth up to $25,000 in household furniture, automobiles, furnishings, appliances and personal effects (Va. Code § 64.2-310); and the surviving spouse — else each minor child in equal parts — to a homestead allowance of $25,000 (Va. Code § 64.2-311). The three have priority over claims in that order, and a trust revocable at death answers for them to the extent the probate estate is inadequate (Va. Code § 64.2-747(A)(3)). Руководство: Дом после смерти в Виргинии

Householder's exemption

Every householder may hold exempt from creditor process arising out of a debt real and personal property the householder selects, including money, up to $5,000 in value ($10,000 at 65 or older), plus property used as the principal residence of the householder or dependents up to $50,000, plus $500 for each dependent supported; the limits are adjusted for the Consumer Price Index on April 1, 2027 and every three years after (Va. Code § 34-4). It is a living debtor's exemption, separate from the homestead allowance a surviving family takes from an estate (Va. Code § 64.2-311). Руководство: Дом после смерти в Виргинии

Intestate succession

Real estate not effectively disposed of by will passes to the surviving spouse — unless the decedent is survived by children or their descendants one or more of whom are not the surviving spouse's, when two-thirds passes to the decedent's children and their descendants and one-third to the spouse; with no spouse, to the children and their descendants, then the parents, then the siblings and their descendants, then half to each parent's kindred, and failing every heir to the Commonwealth (Va. Code § 64.2-200). The surplus personal estate passes to the same persons in the same shares (Va. Code § 64.2-201). Руководство: Смерть без завещания в Виргинии

Division at the closest degree

Virginia's rule for dividing an estate, or each parental half: it is divided into as many equal shares as there are heirs in the closest degree of kinship to the decedent, and deceased persons in that same degree who left descendants surviving; one share passes to each living heir and one share passes per stirpes to the descendants of each deceased person (Va. Code § 64.2-202). Collaterals of the half blood inherit half as much as those of the whole blood. Руководство: Калькулятор per stirpes для попечителей Виргинии

Execution of a will

No will is valid unless it is in writing and signed by the testator, or by another in the testator's presence and by the testator's direction, in a manner making it manifest that the name is intended as a signature; a will wholly in the testator's handwriting is valid if its handwriting and signature are proved by at least two disinterested witnesses, and any other will only if the testator signs or acknowledges it in the presence of at least two competent witnesses, present at the same time, who subscribe it in the testator's presence (Va. Code § 64.2-403). A writing not so executed may be treated as a will on clear and convincing evidence in a proceeding filed within one year of the death (Va. Code § 64.2-404). Руководство: После подписания вашего завещания в Виргинии: что дальше

Self-proved will

A will may be made self-proved, when executed or later, by the testator's acknowledgment and the attesting witnesses' affidavits before an officer authorized to administer oaths, evidenced by the officer's certificate attached to the will substantially in the form the section prints (Va. Code § 64.2-452). Руководство: После подписания вашего завещания в Виргинии: что дальше

Will lodged with the clerk

A person, or the person's attorney, may during the person's lifetime lodge the will for safekeeping with the clerk of the circuit court where the person resides; the clerk gives a receipt, seals, numbers and indexes the envelope by testator and executor and keeps it unopened until it is returned on the testator's written request or the testator dies (Va. Code § 64.2-409). Руководство: После подписания вашего завещания в Виргинии: что дальше

Administration with the will annexed

If the will names no executor, or the executor refuses, fails to give bond, dies, resigns or is removed, the court or clerk may grant administration with the will annexed to a residual or substantial legatee or that person's designee or, if none applies within 30 days, to a person who would have been entitled to administration without a will; no one who does not take the oath and give bond, or whom the court or clerk finds unsuitable, is granted it (Va. Code § 64.2-500). Руководство: Пробейт в Виргинии: объяснение

Agent under a power of attorney

An agent who has accepted appointment acts in accordance with the principal's reasonable expectations so far as actually known and otherwise in the principal's best interest, in good faith and within the authority granted; keeps a record of all receipts, disbursements and transactions; and attempts to preserve the principal's known estate plan, disclosing the record on the request of the principal, a fiduciary or, after the death, the personal representative or successor within 30 days (Va. Code § 64.2-1612). An agent may create a trust only under a power of attorney that expressly authorizes it (Va. Code § 64.2-719). Руководство: Наследственное планирование в Виргинии: завещания, трасты, пробейт

Advance directive

Any adult capable of making an informed decision may make a written advance directive, signed in the presence of two subscribing witnesses, specifying the health care authorized or refused, appointing an agent to make health care decisions and specifying an anatomical gift, effective if the declarant is later determined incapable of making an informed decision (Va. Code § 54.1-2983); the Code prints a suggested form (Va. Code § 54.1-2984). Without one, the attending physician may act on the authorization of a guardian, then the spouse, an adult child, a parent, an adult sibling and other relatives in the order Va. Code § 54.1-2986 sets. Руководство: Доверенности и предварительные распоряжения в Виргинии

Digital assets held in trust

Unless the court, the user or the trust provides otherwise, a custodian discloses an account's digital assets held in trust to a trustee who is an original user (Va. Code § 64.2-125); to a trustee who is not, it discloses the content of electronic communications on a written request with a certified copy of the instrument or a certification of trust that includes consent to disclosure of content (Va. Code § 64.2-126), and a catalog of communications and other digital assets on a request with the instrument or a certification (Va. Code § 64.2-127). Руководство: Полномочия управляющего в Виргинии (Va. Code § 64.2-778)

Fraudulent and voluntary conveyances

Every gift, conveyance, assignment or transfer of property made with intent to delay, hinder or defraud creditors, purchasers or others is void as to them, without affecting a purchaser for value without notice (Va. Code § 55.1-400); a gift or conveyance not upon valuable consideration is void as to existing creditors if the transferor was insolvent or rendered insolvent by it (Va. Code § 55.1-401); and a creditor may sue to avoid either before obtaining judgment (Va. Code § 55.1-402). Руководство: Защита активов в Виргинии: основы

Exempt insurance and retirement benefits

The cash surrender value, proceeds and other benefits of a life insurance policy or annuity contract issued in the Commonwealth are free of execution, attachment and garnishment in favor of creditors of the insured, the owner or the person who effected it, except for a policy taken out for a creditor's benefit or one issued within six months before a bankruptcy filing (Va. Code § 38.2-3122). An individual's interest in a qualified retirement plan is exempt from creditor process to the extent federal bankruptcy law permits, except for an alternate payee's and support claims (Va. Code § 34-34). Руководство: Защита активов в Виргинии: основы

Unclaimed property held by a fiduciary

Intangible property held in a fiduciary capacity for another is presumed abandoned unless, within five years after it became payable, the owner acted on it, corresponded about it or otherwise indicated an interest a record shows (Va. Code § 55.1-2514); a holder reports and remits presumed-abandoned property before November 1 each year for the period ending June 30, first using due diligence to locate an owner of property worth $100 or more (Va. Code § 55.1-2524).

Probate tax

A tax on the probate of every will or grant of administration, of 10 cents for every $100 of the estate's value, not applying to an estate of $15,000 or less (Va. Code § 58.1-1712), with a return filed with the clerk stating the values when the estate exceeds $15,000 (Va. Code § 58.1-1714); a county or city may add a local probate tax of one-third of the state tax (Va. Code § 58.1-1718). Property held in a funded trust is not probated. Руководство: Пробейт в Виргинии: объяснение

No Virginia estate tax

Virginia's estate tax chapter imposes a tax equal to the federal credit for state death taxes (Va. Code § 58.1-902); the Department of Taxation's instructions state that Virginia imposes no estate tax on the estate of a decedent who died on or after July 1, 2007. The federal estate tax return is separate.

Fiduciary income tax return

A return is filed on or before May 1 for a calendar year — or the fifteenth day of the fourth month after a fiscal year ends — for every resident estate or trust required to file a federal income tax return or having any Virginia taxable income, and for every nonresident estate or trust with Virginia taxable income; the fiduciary files it, any one of joint fiduciaries able to (Va. Code § 58.1-381). A resident trust is one created by the will of a Virginia domiciliary or by or with property of a Virginia domiciliary (Va. Code § 58.1-302); a trust declares estimated tax where its income is expected to exceed the threshold (Va. Code § 58.1-490).

Computing a period

When a statute requires an act within a prescribed time after an event, the day of the event is not counted; when the last day for an act in a judicial proceeding, or for bringing an action, falls on a Saturday, Sunday, legal holiday or a day the clerk's office is closed, it may be done on the next day that is not; where the office where an act or filing is to be done is closed on the last day, it may be done on the next business day (Va. Code § 1-210).

Financial exploitation of an adult

The professionals Va. Code § 63.2-1606 lists, among them guardians and conservators of an adult, report a suspicion of the abuse, neglect or exploitation of an adult to the local department of social services or the adult protective services hotline; a financial institution may refuse or delay a transaction for up to 30 business days on a good-faith belief that it may involve financial exploitation, reporting the refusal within five business days (Va. Code § 63.2-1606).

Certified copy of a death certificate

A certified copy of a vital record, such as a death certificate, is issued for a fee the Board of Health prescribes, not to exceed $15; a veteran or survivor who needs one for service-connected benefits is charged nothing (Va. Code § 32.1-273). Руководство: Правопреемник-попечитель после смерти в Виргинии: первые шаги

Practice of law

Any person who practices law without being authorized or licensed is guilty of a Class 1 misdemeanor (Va. Code § 54.1-3904); and any person, other than a licensed attorney or a firm of attorneys advertising under the Rules of Court, that advertises a direct or indirect offer to prepare a will, or to have one prepared, is guilty of a Class 3 misdemeanor (Va. Code § 64.2-402). This site gives education and organizes a trustee's records; it prepares no will and gives no legal advice.

Data-breach law

An individual or entity that owns or licenses computerized data including a Virginia resident's personal information discloses a breach of the security of the system to the Office of the Attorney General and any affected resident without unreasonable delay, where unencrypted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person and causes, or is reasonably believed to cause, identity theft or other fraud; notice to more than 1,000 persons at once is also reported to the Attorney General and the nationwide consumer reporting agencies (Va. Code § 18.2-186.6). The Consumer Data Protection Act reaches larger processors of personal data (Va. Code § 59.1-576).