§ 64.2-779.2 Fiduciary duty
A. In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
B. This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article.
C. Except as otherwise provided in a first-trust instrument, for purposes of this article and § 64.2-763 and subsection A of § 64.2-764, the terms of the first trust are deemed to include the decanting power.
History
This law was first created in 2017. The record of its establishment is cataloged in chapter 592 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.
2017, c. 592.