Can I change a Virginia revocable trust?

Yes: by substantial compliance with the method its terms provide or, if the terms provide none, by any method showing your intent by clear and convincing evidence (Va. Code § 64.2-751(C)). A trust created under an instrument executed on or after July 1, 2006 is revocable unless its terms expressly say it is irrevocable (Va. Code § 64.2-751(A)).

Who does a Virginia trustee answer to while I am alive?

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).

Does a revocable trust protect assets from creditors in Virginia?

No. During the settlor's lifetime the property of a revocable trust is subject to the settlor's creditors (Va. Code § 64.2-747(A)(1)), and after the death it answers to the extent the probate estate is inadequate (Va. Code § 64.2-747(A)(3)).

The Virginia Revocable Living Trust, Explained

Wondering whether a revocable living Trust fits your situation? A free role check shows you where you stand.

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Virginia

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court guardianship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Virginia attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Virginia attorney.

Is a revocable living Trust right for you in Virginia?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Virginia attorney can recommend what fits your situation.

General information about Virginia law, not legal advice.

Frequently asked questions

Can I change a Virginia revocable trust?: Yes: by substantial compliance with the method its terms provide or, if the terms provide none, by any method showing your intent by clear and convincing evidence (Va. Code § 64.2-751(C)). A trust created under an instrument executed on or after July 1, 2006 is revocable unless its terms expressly say it is irrevocable (Va. Code § 64.2-751(A)).
Who does a Virginia trustee answer to while I am alive?: 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).
Does a revocable trust protect assets from creditors in Virginia?: No. During the settlor's lifetime the property of a revocable trust is subject to the settlor's creditors (Va. Code § 64.2-747(A)(1)), and after the death it answers to the extent the probate estate is inadequate (Va. Code § 64.2-747(A)(3)).

General information about Virginia law, not legal advice.