{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-117.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-117.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-117.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-117.html"}],"law_id":81213,"edition_id":1,"section_id":81213,"structure_id":13392,"section_number":"55.1-117","catch_line":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","history":"1962, c. 452, \u00a7 55-17.1; 1975, c. 375; 1993, c. 454; 2011, c. 661; 2012, c. 558; 2019, c. 712.","full_text":"No trust relating to real estate shall fail nor shall any use relating to real estate be defeated because no beneficiaries are specified by name in the recorded deed of conveyance to the trustee or because no duties are imposed upon the trustee. The power conferred by any such instrument on a trustee to sell, lease, encumber, or otherwise dispose of property described in such instrument shall be effective, and no person dealing with such a trustee shall be required to make further inquiry as to the right of such trustee to act, nor shall he be required to inquire as to the disposition of any proceeds.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee, the interest of the beneficiaries thereunder shall be deemed to be personal property. Judgments against a beneficiary and consensual liens against real property of a beneficiary do not attach to real property that is the subject of such a deed of conveyance unless the judgment is docketed or the lien recorded in the county or city where the property is located (i) before recordation of the deed creating the land trust and (ii) while the beneficiary has record title to the real property.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee and the trustee named in the deed declines to serve, resigns, is disqualified or removed, or is adjudicated incapacitated and there is (a) no successor trustee named in the deed, (b) no successor trustee designated by the terms of the trust instrument, or (c) no procedure set forth in the deed or trust instrument to designate a successor trustee, the beneficiaries of the trust, by majority decision, shall name a successor trustee. However, if the identities of the beneficiaries of the trust cannot be identified from the recorded deed of conveyance or a majority of the beneficiaries are unable to agree upon a successor trustee, the circuit court of the county or city in which the deed was recorded, upon the motion of any party interested in the administration of the trust, shall appoint a successor trustee whenever the court considers the appointment necessary for the administration of the trust. The name and address of any successor trustee so named or appointed shall be recorded with the clerk of the circuit court of the county or city in which the deed was recorded, and such successor trustee shall succeed to all the rights, powers, and privileges, and shall be subject to all the duties, liabilities, and responsibilities imposed upon, the original trustee unless the deed of conveyance expressly provides to the contrary.\n\t\tNothing in this section shall be construed to (1) affect any right that a creditor may otherwise have against a trustee or beneficiary except as provided in this section, (2) enlarge upon the power of a corporation to act as trustee under \u00a7 6.2-1001, or (3) affect the rule against perpetuities.","order_by":null,"text":{"0":{"id":291091,"text":"No trust relating to real estate shall fail nor shall any use relating to real estate be defeated because no beneficiaries are specified by name in the recorded deed of conveyance to the trustee or because no duties are imposed upon the trustee. The power conferred by any such instrument on a trustee to sell, lease, encumber, or otherwise dispose of property described in such instrument shall be effective, and no person dealing with such a trustee shall be required to make further inquiry as to the right of such trustee to act, nor shall he be required to inquire as to the disposition of any proceeds.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee, the interest of the beneficiaries thereunder shall be deemed to be personal property. Judgments against a beneficiary and consensual liens against real property of a beneficiary do not attach to real property that is the subject of such a deed of conveyance unless the judgment is docketed or the lien recorded in the county or city where the property is located (i) before recordation of the deed creating the land trust and (ii) while the beneficiary has record title to the real property.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee and the trustee named in the deed declines to serve, resigns, is disqualified or removed, or is adjudicated incapacitated and there is (a) no successor trustee named in the deed, (b) no successor trustee designated by the terms of the trust instrument, or (c) no procedure set forth in the deed or trust instrument to designate a successor trustee, the beneficiaries of the trust, by majority decision, shall name a successor trustee. However, if the identities of the beneficiaries of the trust cannot be identified from the recorded deed of conveyance or a majority of the beneficiaries are unable to agree upon a successor trustee, the circuit court of the county or city in which the deed was recorded, upon the motion of any party interested in the administration of the trust, shall appoint a successor trustee whenever the court considers the appointment necessary for the administration of the trust. The name and address of any successor trustee so named or appointed shall be recorded with the clerk of the circuit court of the county or city in which the deed was recorded, and such successor trustee shall succeed to all the rights, powers, and privileges, and shall be subject to all the duties, liabilities, and responsibilities imposed upon, the original trustee unless the deed of conveyance expressly provides to the contrary.\n\t\tNothing in this section shall be construed to (1) affect any right that a creditor may otherwise have against a trustee or beneficiary except as provided in this section, (2) enlarge upon the power of a corporation to act as trustee under \u00a7 6.2-1001, or (3) affect the rule against perpetuities.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13392,"edition_id":1,"name":"Creation and Transfer of Estates","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13391,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244775,"object_type":"structure","relational_id":13392,"identifier":"1","token":"55.1\/I\/1\/1","url":"\/55.1\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13391,"edition_id":1,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244773,"object_type":"structure","relational_id":13391,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77235,"structure_id":13392,"section_number":"55.1-100","catch_line":"Aliens may acquire, hold, and transmit real estate; when reciprocity required","url":"\/55.1-100\/","token":"55.1\/I\/1\/1\/55.1-100","metadata":false},{"id":86622,"structure_id":13392,"section_number":"55.1-101","catch_line":"When deed or will necessary to convey estate; no parol partition or gift valid","url":"\/55.1-101\/","token":"55.1\/I\/1\/1\/55.1-101","metadata":false},{"id":58837,"structure_id":13392,"section_number":"55.1-102","catch_line":"When gift of personal property invalid","url":"\/55.1-102\/","token":"55.1\/I\/1\/1\/55.1-102","metadata":false},{"id":73850,"structure_id":13392,"section_number":"55.1-103","catch_line":"Suicide or attainder of felony","url":"\/55.1-103\/","token":"55.1\/I\/1\/1\/55.1-103","metadata":false},{"id":57140,"structure_id":13392,"section_number":"55.1-104","catch_line":"Estates to lie in grant as well as in livery","url":"\/55.1-104\/","token":"55.1\/I\/1\/1\/55.1-104","metadata":false},{"id":60899,"structure_id":13392,"section_number":"55.1-105","catch_line":"Same estates may be created by deed as by will","url":"\/55.1-105\/","token":"55.1\/I\/1\/1\/55.1-105","metadata":false},{"id":82993,"structure_id":13392,"section_number":"55.1-106","catch_line":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","url":"\/55.1-106\/","token":"55.1\/I\/1\/1\/55.1-106","metadata":false},{"id":73010,"structure_id":13392,"section_number":"55.1-107","catch_line":"Default or surrender of tenant for life not to prejudice remainderman","url":"\/55.1-107\/","token":"55.1\/I\/1\/1\/55.1-107","metadata":false},{"id":68068,"structure_id":13392,"section_number":"55.1-108","catch_line":"Conveyance of estate or interest in property by grantor to himself and another","url":"\/55.1-108\/","token":"55.1\/I\/1\/1\/55.1-108","metadata":false},{"id":75340,"structure_id":13392,"section_number":"55.1-109","catch_line":"Deed valid for grantor's right; operation of warranty","url":"\/55.1-109\/","token":"55.1\/I\/1\/1\/55.1-109","metadata":false},{"id":77167,"structure_id":13392,"section_number":"55.1-110","catch_line":"Conveyance, devise, or grant without words of limitation","url":"\/55.1-110\/","token":"55.1\/I\/1\/1\/55.1-110","metadata":false},{"id":79552,"structure_id":13392,"section_number":"55.1-111","catch_line":"Fee tail converted into fee simple","url":"\/55.1-111\/","token":"55.1\/I\/1\/1\/55.1-111","metadata":false},{"id":54363,"structure_id":13392,"section_number":"55.1-112","catch_line":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished","url":"\/55.1-112\/","token":"55.1\/I\/1\/1\/55.1-112","metadata":false},{"id":58437,"structure_id":13392,"section_number":"55.1-113","catch_line":"Doctrine of worthier title abolished","url":"\/55.1-113\/","token":"55.1\/I\/1\/1\/55.1-113","metadata":false},{"id":66650,"structure_id":13392,"section_number":"55.1-114","catch_line":"When contingent remainder not to fail","url":"\/55.1-114\/","token":"55.1\/I\/1\/1\/55.1-114","metadata":false},{"id":74571,"structure_id":13392,"section_number":"55.1-115","catch_line":"When remainders not defeated","url":"\/55.1-115\/","token":"55.1\/I\/1\/1\/55.1-115","metadata":false},{"id":72162,"structure_id":13392,"section_number":"55.1-116","catch_line":"In what conveyances possession transferred to the use","url":"\/55.1-116\/","token":"55.1\/I\/1\/1\/55.1-116","metadata":false},{"id":81213,"structure_id":13392,"section_number":"55.1-117","catch_line":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","url":"\/55.1-117\/","token":"55.1\/I\/1\/1\/55.1-117","metadata":false},{"id":58561,"structure_id":13392,"section_number":"55.1-118","catch_line":"Deed of release effectual","url":"\/55.1-118\/","token":"55.1\/I\/1\/1\/55.1-118","metadata":false},{"id":82477,"structure_id":13392,"section_number":"55.1-119","catch_line":"When person not a party, etc., may take or sue under instrument","url":"\/55.1-119\/","token":"55.1\/I\/1\/1\/55.1-119","metadata":false},{"id":58160,"structure_id":13392,"section_number":"55.1-120","catch_line":"Informalities in deeds made by attorneys-in-fact","url":"\/55.1-120\/","token":"55.1\/I\/1\/1\/55.1-120","metadata":false},{"id":64272,"structure_id":13392,"section_number":"55.1-121","catch_line":"Time for objections to irregularities in advertising sales made by trustees","url":"\/55.1-121\/","token":"55.1\/I\/1\/1\/55.1-121","metadata":false},{"id":80003,"structure_id":13392,"section_number":"55.1-122","catch_line":"Recovery at death of life tenant of taxes paid on life estate","url":"\/55.1-122\/","token":"55.1\/I\/1\/1\/55.1-122","metadata":false},{"id":55842,"structure_id":13392,"section_number":"55.1-123","catch_line":"Removal of a cloud on title; nature of plaintiff's title","url":"\/55.1-123\/","token":"55.1\/I\/1\/1\/55.1-123","metadata":false}],"previous_section":{"id":72162,"structure_id":13392,"section_number":"55.1-116","catch_line":"In what conveyances possession transferred to the use","url":"\/55.1-116\/","token":"55.1\/I\/1\/1\/55.1-116","metadata":false},"next_section":{"id":58561,"structure_id":13392,"section_number":"55.1-118","catch_line":"Deed of release effectual","url":"\/55.1-118\/","token":"55.1\/I\/1\/1\/55.1-118","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-117\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 452 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 375; in 1993, chapter 454; in 2011, chapter 661<\/a>; in 2012, chapter 558<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":77403,"section_number":"64.2-700","catch_line":"Scope","order_by":null,"url":"\/64.2-700\/"}],"refers_to":[{"id":62570,"section_number":"6.2-1001","catch_line":"Entities authorized to engage in trust business","order_by":null,"url":"\/6.2-1001\/"}],"permalink":{"id":244845,"object_type":"law","relational_id":81213,"identifier":"55.1-117","token":"55.1\/I\/1\/1\/55.1-117","url":"\/55.1-117\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-117\/","token":"55.1\/I\/1\/1\/55.1-117","dublin_core":{"Title":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-117","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No trust relating to real estate shall fail nor shall any use relating to real estate be defeated because no beneficiaries are specified by name in the recorded deed of conveyance to the trustee or because no duties are imposed upon the trustee. The power conferred by any such instrument on a trustee to sell, lease, encumber, or otherwise dispose of property described in such instrument shall be effective, and no person dealing with such a trustee shall be required to make further inquiry as to the right of such trustee to act, nor shall he be required to inquire as to the disposition<\/span> of any proceeds.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee, the interest of the beneficiaries thereunder shall be deemed to be personal property. Judgments<\/span> against a beneficiary and consensual liens<\/span> against real property of a beneficiary do not attach to real property that is the subject of such a deed of conveyance unless the judgment<\/span> is docketed or the lien<\/span> recorded in the county or city where the property is located (i) before recordation of the deed creating the land trust and (ii) while the beneficiary has record title to the real property.\n\t\tIn any case under this section where there is a recorded deed of conveyance to a trustee and the trustee named in the deed declines to serve, resigns, is disqualified or removed, or is adjudicated incapacitated and there is (a) no successor trustee named in the deed, (b) no successor trustee designated by the terms of the trust instrument, or (c) no procedure set forth in the deed or trust instrument to designate a successor trustee, the beneficiaries of the trust, by majority decision, shall name a successor trustee. However, if the identities of the beneficiaries of the trust cannot be identified from the recorded deed of conveyance or a majority of the beneficiaries are unable to agree upon a successor trustee, the circuit<\/span> court<\/span> of the county or city in which the deed was recorded, upon the motion<\/span> of any party<\/span> interested in the administration of the trust, shall appoint a successor trustee whenever the court<\/span> considers the appointment necessary for the administration of the trust. The name and address of any successor trustee so named or appointed shall be recorded with the clerk of the circuit<\/span> court<\/span> of the county or city in which the deed was recorded, and such successor trustee shall succeed to all the rights, powers, and privileges<\/span>, and shall be subject to all the duties, liabilities, and responsibilities imposed upon, the original trustee unless the deed of conveyance expressly provides to the contrary.\n\t\tNothing in this section shall be construed to (1) affect any right that a creditor<\/span> may otherwise have against a trustee or beneficiary except as provided in this section, (2) enlarge upon the power of a corporation to act as trustee under \u00a7 6.2-1001<\/a>, or (3) affect the rule against perpetuities.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLAND TRUSTS NOT TO FAIL BECAUSE NO BENEFICIARIES ARE SPECIFIED BY NAME AND NO\nDUTIES LAID ON TRUSTEE; WHEN INTEREST OF BENEFICIARIES DEEMED PERSONAL PROPERTY;\nLIENS (\u00a7 55.1-117)\n\nNo trust relating to real estate shall fail nor shall any use relating to real\nestate be defeated because no beneficiaries are specified by name in the\nrecorded deed of conveyance to the trustee or because no duties are imposed upon\nthe trustee. The power conferred by any such instrument on a trustee to sell,\nlease, encumber, or otherwise dispose of property described in such instrument\nshall be effective, and no person dealing with such a trustee shall be required\nto make further inquiry as to the right of such trustee to act, nor shall he be\nrequired to inquire as to the disposition of any proceeds.\n\t\tIn any case under this section where there is a recorded deed of conveyance to\na trustee, the interest of the beneficiaries thereunder shall be deemed to be\npersonal property. Judgments against a beneficiary and consensual liens against\nreal property of a beneficiary do not attach to real property that is the\nsubject of such a deed of conveyance unless the judgment is docketed or the lien\nrecorded in the county or city where the property is located (i) before\nrecordation of the deed creating the land trust and (ii) while the beneficiary\nhas record title to the real property.\n\t\tIn any case under this section where there is a recorded deed of conveyance to\na trustee and the trustee named in the deed declines to serve, resigns, is\ndisqualified or removed, or is adjudicated incapacitated and there is (a) no\nsuccessor trustee named in the deed, (b) no successor trustee designated by the\nterms of the trust instrument, or (c) no procedure set forth in the deed or\ntrust instrument to designate a successor trustee, the beneficiaries of the\ntrust, by majority decision, shall name a successor trustee. However, if the\nidentities of the beneficiaries of the trust cannot be identified from the\nrecorded deed of conveyance or a majority of the beneficiaries are unable to\nagree upon a successor trustee, the circuit court of the county or city in which\nthe deed was recorded, upon the motion of any party interested in the\nadministration of the trust, shall appoint a successor trustee whenever the\ncourt considers the appointment necessary for the administration of the trust.\nThe name and address of any successor trustee so named or appointed shall be\nrecorded with the clerk of the circuit court of the county or city in which the\ndeed was recorded, and such successor trustee shall succeed to all the rights,\npowers, and privileges, and shall be subject to all the duties, liabilities, and\nresponsibilities imposed upon, the original trustee unless the deed of\nconveyance expressly provides to the contrary.\n\t\tNothing in this section shall be construed to (1) affect any right that a\ncreditor may otherwise have against a trustee or beneficiary except as provided\nin this section, (2) enlarge upon the power of a corporation to act as trustee\nunder \u00a7 6.2-1001, or (3) affect the rule against perpetuities.\n\nHISTORY: 1962, c. 452, \u00a7 55-17.1; 1975, c. 375; 1993, c. 454; 2011, c. 661;\n2012, c. 558; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}