{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-1037.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-1037.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-1037.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-1037.html"}],"law_id":66868,"edition_id":1,"section_id":66868,"structure_id":16330,"section_number":"64.2-1037","catch_line":"Judicial review of exercise of discretionary power; request for instruction","history":"2022, c. 354.","full_text":"A\n\nAs used in this section, “fiduciary decision” means:1\n\nA fiduciary’s allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;2\n\nThe fiduciary’s exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under § 64.2-1038, convert an income trust to a unitrust under subdivision A 1 of § 64.2-1041, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041, or convert a unitrust to an income trust under subdivision A 3 of § 64.2-1041; or3\n\nThe fiduciary’s implementation of a decision described in subdivision 1 or 2.B\n\nThe court may not order a fiduciary to change a fiduciary decision unless the court determines that the fiduciary decision was an abuse of the fiduciary’s discretion.C\n\nIf the court determines that a fiduciary decision was an abuse of the fiduciary’s discretion, the court may order a remedy authorized by law, including \u00a7 64.2-792. To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary’s discretion, the court may order:1\n\nThe fiduciary to exercise or refrain from exercising the power to adjust under § 64.2-1038;2\n\nThe fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under subdivision A 1 of § 64.2-1041, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041, or convert a unitrust to an income trust under subdivision A 3 of § 64.2-1041;3\n\nThe fiduciary to distribute an amount to a beneficiary;4\n\nA beneficiary to return some or all of a distribution; or5\n\nThe fiduciary to withhold an amount from one or more future distributions to a beneficiary.D\n\nOn petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary’s discretion. If the petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies, and explains how the beneficiary will be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary’s discretion.","order_by":null,"text":{"0":{"id":242459,"text":"As used in this section, “fiduciary decision” means:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":242460,"text":"A fiduciary’s allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":242461,"text":"The fiduciary’s exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under § 64.2-1038, convert an income trust to a unitrust under subdivision A 1 of § 64.2-1041, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041, or convert a unitrust to an income trust under subdivision A 3 of § 64.2-1041; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":242462,"text":"The fiduciary’s implementation of a decision described in subdivision 1 or 2.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":242463,"text":"The court may not order a fiduciary to change a fiduciary decision unless the court determines that the fiduciary decision was an abuse of the fiduciary’s discretion.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":242464,"text":"If the court determines that a fiduciary decision was an abuse of the fiduciary’s discretion, the court may order a remedy authorized by law, including \u00a7 64.2-792. To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary’s discretion, the court may order:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"6":{"id":242465,"text":"The fiduciary to exercise or refrain from exercising the power to adjust under § 64.2-1038;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":242466,"text":"The fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under subdivision A 1 of § 64.2-1041, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041, or convert a unitrust to an income trust under subdivision A 3 of § 64.2-1041;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":242467,"text":"The fiduciary to distribute an amount to a beneficiary;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"9":{"id":242468,"text":"A beneficiary to return some or all of a distribution; or","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"10":{"id":242469,"text":"The fiduciary to withhold an amount from one or more future distributions to a beneficiary.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"11":{"id":242470,"text":"On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary’s discretion. If the petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies, and explains how the beneficiary will be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary’s discretion.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"ancestry":[{"id":16330,"edition_id":1,"name":"Fiduciary Duties and Judicial Review","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13478,"metadata":{},"date_created":"2026-06-26 04:14:11","date_modified":"2026-06-26 04:14:11","permalink":{"id":273893,"object_type":"structure","relational_id":16330,"identifier":"2","token":"64.2\/III\/10.1\/2","url":"\/64.2\/III\/10.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13478,"edition_id":1,"name":"Uniform Fiduciary Income And Principal Act","identifier":"10.1","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273863,"object_type":"structure","relational_id":13478,"identifier":"10.1","token":"64.2\/III\/10.1","url":"\/64.2\/III\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12724,"edition_id":1,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":273811,"object_type":"structure","relational_id":12724,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79031,"structure_id":16330,"section_number":"64.2-1036","catch_line":"Fiduciary duties; general principles","url":"\/64.2-1036\/","token":"64.2\/III\/10.1\/2\/64.2-1036","metadata":false},{"id":66868,"structure_id":16330,"section_number":"64.2-1037","catch_line":"Judicial review of exercise of discretionary power; request for instruction","url":"\/64.2-1037\/","token":"64.2\/III\/10.1\/2\/64.2-1037","metadata":false},{"id":80594,"structure_id":16330,"section_number":"64.2-1038","catch_line":"Fiduciary's power to adjust","url":"\/64.2-1038\/","token":"64.2\/III\/10.1\/2\/64.2-1038","metadata":false}],"previous_section":{"id":79031,"structure_id":16330,"section_number":"64.2-1036","catch_line":"Fiduciary duties; general principles","url":"\/64.2-1036\/","token":"64.2\/III\/10.1\/2\/64.2-1036","metadata":false},"next_section":{"id":80594,"structure_id":16330,"section_number":"64.2-1038","catch_line":"Fiduciary's power to adjust","url":"\/64.2-1038\/","token":"64.2\/III\/10.1\/2\/64.2-1038","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1037\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapter 354<\/a> 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.<\/p>","references":false,"refers_to":[{"id":80594,"section_number":"64.2-1038","catch_line":"Fiduciary's power to adjust","order_by":null,"url":"\/64.2-1038\/"},{"id":74484,"section_number":"64.2-1041","catch_line":"Authority of fiduciary","order_by":null,"url":"\/64.2-1041\/"},{"id":84224,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","order_by":null,"url":"\/64.2-792\/"}],"permalink":{"id":273899,"object_type":"law","relational_id":66868,"identifier":"64.2-1037","token":"64.2\/III\/10.1\/2\/64.2-1037","url":"\/64.2-1037\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-1037\/","token":"64.2\/III\/10.1\/2\/64.2-1037","dublin_core":{"Title":"Judicial review of exercise of discretionary power; request for instruction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1037","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “fiduciary<\/span> decision” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A fiduciary<\/span>’s allocation between income<\/span> and principal<\/span> or other determination regarding income<\/span> and principal<\/span> required or authorized by the terms of the trust<\/span> or this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The fiduciary<\/span>’s exercise or nonexercise of a discretionary power regarding income<\/span> and principal<\/span> granted by the terms of the trust<\/span> or this chapter, including the power to adjust under § 64.2-1038<\/a>, convert an income<\/span> trust<\/span> to a unitrust under subdivision A 1 of § 64.2-1041<\/a>, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041<\/a>, or convert a unitrust to an income<\/span> trust<\/span> under subdivision A 3 of § 64.2-1041<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The fiduciary<\/span>’s implementation of a decision described in subdivision 1 or 2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may not order<\/span> a fiduciary<\/span> to change a fiduciary<\/span> decision unless the court<\/span> determines that the fiduciary<\/span> decision was an abuse of the fiduciary<\/span>’s discretion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> determines that a fiduciary<\/span> decision was an abuse of the fiduciary<\/span>’s discretion, the court<\/span> may order<\/span> a remedy authorized by law<\/span>, including \u00a7 64.2-792<\/a>. To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary<\/span>’s discretion, the court<\/span> may order<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The fiduciary<\/span> to exercise or refrain from exercising the power to adjust under § 64.2-1038<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The fiduciary<\/span> to exercise or refrain from exercising the power to convert an income<\/span> trust<\/span> to a unitrust under subdivision A 1 of § 64.2-1041<\/a>, change the percentage or method used to calculate a unitrust amount under subdivision A 2 of § 64.2-1041<\/a>, or convert a unitrust to an income<\/span> trust<\/span> under subdivision A 3 of § 64.2-1041<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The fiduciary<\/span> to distribute an amount to a beneficiary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A beneficiary to return some or all of a distribution<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The fiduciary<\/span> to withhold an amount from one or more future distributions<\/span> to a beneficiary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> On petition<\/span> by a fiduciary<\/span> for instruction, the court<\/span> may determine whether a proposed fiduciary<\/span> decision will<\/span> result in an abuse of the fiduciary<\/span>’s discretion. If the petition<\/span> describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts<\/span> on which the fiduciary<\/span> relies, and explains how the beneficiary will<\/span> be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will<\/span> result in an abuse of the fiduciary<\/span>’s discretion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDICIAL REVIEW OF EXERCISE OF DISCRETIONARY POWER; REQUEST FOR INSTRUCTION (\u00a7\n64.2-1037)\n\nA. As used in this section, “fiduciary decision” means:\n\n 1. A fiduciary’s allocation between income and principal or other\n determination regarding income and principal required or authorized by the\n terms of the trust or this chapter;\n\n 2. The fiduciary’s exercise or nonexercise of a discretionary power\n regarding income and principal granted by the terms of the trust or this\n chapter, including the power to adjust under § 64.2-1038, convert an\n income trust to a unitrust under subdivision A 1 of § 64.2-1041, change\n the percentage or method used to calculate a unitrust amount under subdivision\n A 2 of § 64.2-1041, or convert a unitrust to an income trust under\n subdivision A 3 of § 64.2-1041; or\n\n 3. The fiduciary’s implementation of a decision described in subdivision\n 1 or 2.\n\nB. The court may not order a fiduciary to change a fiduciary decision unless the\ncourt determines that the fiduciary decision was an abuse of the\nfiduciary’s discretion.\n\nC. If the court determines that a fiduciary decision was an abuse of the\nfiduciary’s discretion, the court may order a remedy authorized by law,\nincluding \u00a7 64.2-792. To place the beneficiaries in the positions the\nbeneficiaries would have occupied if there had not been an abuse of the\nfiduciary’s discretion, the court may order:\n\n 1. The fiduciary to exercise or refrain from exercising the power to adjust\n under § 64.2-1038;\n\n 2. The fiduciary to exercise or refrain from exercising the power to convert\n an income trust to a unitrust under subdivision A 1 of § 64.2-1041,\n change the percentage or method used to calculate a unitrust amount under\n subdivision A 2 of § 64.2-1041, or convert a unitrust to an income trust\n under subdivision A 3 of § 64.2-1041;\n\n 3. The fiduciary to distribute an amount to a beneficiary;\n\n 4. A beneficiary to return some or all of a distribution; or\n\n 5. The fiduciary to withhold an amount from one or more future distributions\n to a beneficiary.\n\nD. On petition by a fiduciary for instruction, the court may determine whether a\nproposed fiduciary decision will result in an abuse of the fiduciary’s\ndiscretion. If the petition describes the proposed decision, contains sufficient\ninformation to inform the beneficiary of the reasons for making the proposed\ndecision and the facts on which the fiduciary relies, and explains how the\nbeneficiary will be affected by the proposed decision, a beneficiary that\nopposes the proposed decision has the burden to establish that it will result in\nan abuse of the fiduciary’s discretion.\n\nHISTORY: 2022, c. 354.","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}}