When beneficiaries disagree: Virginia's tools

Settling by agreement

Va. Code § 64.2-709 provides that the interested persons — those whose consent would be required for a binding settlement were the court to approve it — may enter into a binding nonjudicial settlement agreement on any matter involving a trust, valid only to the extent it does not violate a material purpose of the trust and contains terms the court could properly approve: among them the interpretation of the terms, the approval of a trustee's report or accounting, a trustee's resignation, appointment or compensation, and a trustee's liability. Any interested person may ask the court to approve it. A trustee may also resolve a dispute by mediation or arbitration (Va. Code § 64.2-778).

Asking the court

The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person; a proceeding may relate to any matter of the administration, including a request for instructions and an action to declare rights (Va. Code § 64.2-710). By accepting a trust administered in Virginia, the trustee submits to the jurisdiction of Virginia's courts (Va. Code § 64.2-711). In a proceeding, the court may award costs and reasonable attorney fees to any party, as justice and equity may require, paid by another party or from the trust (Va. Code § 64.2-795).

Removal and the remedies for breach

The settlor, a cotrustee or a beneficiary may petition to remove a trustee for a serious breach of trust, a lack of cooperation among cotrustees that substantially impairs the administration, unfitness or persistent failure to administer effectively, or on the request of all the qualified beneficiaries where removal best serves them (Va. Code § 64.2-759). For a breach, the court may compel performance, enjoin, compel redress, order an accounting, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation or void an act (Va. Code § 64.2-792).

The statutes, verbatim

• Nonjudicial settlement agreements

  Va. Code § 64.2-709 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Role of court in administration of trust

  Va. Code § 64.2-710 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Removal of trustee

  Va. Code § 64.2-759 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Remedies for breach of trust

  Va. Code § 64.2-792 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

Common questions

Frequently asked questions

Can Virginia beneficiaries settle a trust dispute without court?

Yes, by a nonjudicial settlement agreement among the interested persons, within the limits Va. Code § 64.2-709 sets.

Can a Virginia trustee ask a court for instructions?

Yes; a judicial proceeding may relate to any matter of the administration, including a request for instructions (Va. Code § 64.2-710).

Who can ask to remove a Virginia trustee?

The settlor, a cotrustee or a beneficiary — for a charitable trust the Attorney General — and the court on its own initiative (Va. Code § 64.2-759).

General information about Virginia law, not legal advice.