{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-108.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-108.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-108.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-108.2.html"}],"law_id":71725,"edition_id":1,"section_id":71725,"structure_id":13833,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","history":"1993, c. 701, \u00a7 55-19.5; 1994, c. 692; 1998, c. 735; 2019, c. 712.","full_text":"A\n\nFor purposes of this section, “medical assistance” and “medical assistance benefits” mean benefits payable under the state plan for medical assistance services.B\n\nExcept as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for the suspension, termination, or diversion of the principal, income, or other beneficial interest of the grantor in the event that he should apply for medical assistance or require medical, hospital, or nursing care or long-term custodial, nursing, or medical care shall be against public policy and ineffective as against the Commonwealth. The assets of the trust, both principal and interest, shall be distributed as though no such application had been made. The provisions of this subsection shall apply without regard to the irrevocability of the trust or the purpose for which the trust was created.C\n\nSubsection B shall not apply to any trust with a corpus of $25,000 or less. If the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be exempt from the provisions of subsection B. However, if the grantor has created more than one trust as described in subsection B, the $25,000 exemption shall be prorated among the trusts. Further, if the grantor made uncompensated transfers, as defined in § 20-88.02, within 30 months of applying for Medicaid benefits and no payments were ordered pursuant to subsection D of § 20-88.02, the $25,000 exemption under this subsection shall not apply.D\n\nThe exemption provided by subsection C shall not apply to any trust created on or after August 11, 1993.E\n\nTo the extent any trust created between August 11, 1993, and July 1, 1994 would but for subsection D be entitled to the exemption provided by subsection C, the grantor may revoke such trust notwithstanding any irrevocability in the terms of such trust. Nothing contained in this subsection shall be construed to authorize the grantor to effect the vested rights of any beneficiary of such trust without the express written consent of such beneficiary.F\n\nThe provisions of subsection B shall not apply to an irrevocable inter vivos trust to the extent it is created for the purpose of paying the grantor’s funeral and burial expenses and is funded in an amount and manner allowable as a resource in determining eligibility for medical assistance benefits. In the event any amount remains in the trust upon payment of the funeral or burial arrangements provided to or on behalf of such individual, the Commonwealth shall receive all amounts remaining in such trust up to an amount equal to the total medical assistance paid on behalf of the individual.","order_by":null,"text":{"0":{"id":258413,"text":"For purposes of this section, “medical assistance” and “medical assistance benefits” mean benefits payable under the state plan for medical assistance services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258414,"text":"Except as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for the suspension, termination, or diversion of the principal, income, or other beneficial interest of the grantor in the event that he should apply for medical assistance or require medical, hospital, or nursing care or long-term custodial, nursing, or medical care shall be against public policy and ineffective as against the Commonwealth. The assets of the trust, both principal and interest, shall be distributed as though no such application had been made. The provisions of this subsection shall apply without regard to the irrevocability of the trust or the purpose for which the trust was created.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258415,"text":"Subsection B shall not apply to any trust with a corpus of $25,000 or less. If the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be exempt from the provisions of subsection B. However, if the grantor has created more than one trust as described in subsection B, the $25,000 exemption shall be prorated among the trusts. Further, if the grantor made uncompensated transfers, as defined in § 20-88.02, within 30 months of applying for Medicaid benefits and no payments were ordered pursuant to subsection D of § 20-88.02, the $25,000 exemption under this subsection shall not apply.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258416,"text":"The exemption provided by subsection C shall not apply to any trust created on or after August 11, 1993.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258417,"text":"To the extent any trust created between August 11, 1993, and July 1, 1994 would but for subsection D be entitled to the exemption provided by subsection C, the grantor may revoke such trust notwithstanding any irrevocability in the terms of such trust. Nothing contained in this subsection shall be construed to authorize the grantor to effect the vested rights of any beneficiary of such trust without the express written consent of such beneficiary.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":258418,"text":"The provisions of subsection B shall not apply to an irrevocable inter vivos trust to the extent it is created for the purpose of paying the grantor’s funeral and burial expenses and is funded in an amount and manner allowable as a resource in determining eligibility for medical assistance benefits. In the event any amount remains in the trust upon payment of the funeral or burial arrangements provided to or on behalf of such individual, the Commonwealth shall receive all amounts remaining in such trust up to an amount equal to the total medical assistance paid on behalf of the individual.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13833,"edition_id":1,"name":"General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272797,"object_type":"structure","relational_id":13833,"identifier":"2","token":"64.2\/I\/1\/2","url":"\/64.2\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13832,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13831,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272785,"object_type":"structure","relational_id":13832,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13831,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272783,"object_type":"structure","relational_id":13831,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","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":65069,"structure_id":13833,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","url":"\/64.2-102\/","token":"64.2\/I\/1\/2\/64.2-102","metadata":false},{"id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","metadata":false},{"id":60761,"structure_id":13833,"section_number":"64.2-104","catch_line":"Incorporation by reference into a will, power of attorney, or trust instrument","url":"\/64.2-104\/","token":"64.2\/I\/1\/2\/64.2-104","metadata":false},{"id":79409,"structure_id":13833,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/","token":"64.2\/I\/1\/2\/64.2-105","metadata":false},{"id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","metadata":false},{"id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","metadata":false},{"id":54847,"structure_id":13833,"section_number":"64.2-108","catch_line":"Power granted to personal representatives and trustees to donate conservation or open-space easements","url":"\/64.2-108\/","token":"64.2\/I\/1\/2\/64.2-108","metadata":false},{"id":62577,"structure_id":13833,"section_number":"64.2-108.1","catch_line":"References to former sections, articles, or chapters","url":"\/64.2-108.1\/","token":"64.2\/I\/1\/2\/64.2-108.1","metadata":false},{"id":71725,"structure_id":13833,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","url":"\/64.2-108.2\/","token":"64.2\/I\/1\/2\/64.2-108.2","metadata":false}],"previous_section":{"id":62577,"structure_id":13833,"section_number":"64.2-108.1","catch_line":"References to former sections, articles, or chapters","url":"\/64.2-108.1\/","token":"64.2\/I\/1\/2\/64.2-108.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-108.2\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 701 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1994, chapter 692<\/a>; in 1998, chapter 735<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":79708,"section_number":"20-88.02","catch_line":"Transfer of assets to qualify for assistance; liability of transferees","order_by":null,"url":"\/20-88.02\/"}],"permalink":{"id":272831,"object_type":"law","relational_id":71725,"identifier":"64.2-108.2","token":"64.2\/I\/1\/2\/64.2-108.2","url":"\/64.2-108.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-108.2\/","token":"64.2\/I\/1\/2\/64.2-108.2","dublin_core":{"Title":"Provision in certain trust void","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-108.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “medical assistance” and “medical assistance benefits<\/span>” mean benefits payable under the state plan for medical assistance services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for the suspension, termination, or diversion<\/span> of the principal, income, or other beneficial interest of the grantor in the event that he should apply for medical assistance or require medical, hospital, or nursing care or long-term custodial, nursing, or medical care shall be against public policy and ineffective as against the Commonwealth. The assets<\/span> of the trust, both principal and interest, shall be distributed as though no such application had been made. The provisions of this subsection shall apply without regard to the irrevocability of the trust or the purpose for which the trust was created. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subsection B shall not apply to any trust with a corpus of $25,000 or less. If the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be exempt from the provisions of subsection B. However, if the grantor has created more than one trust as described in subsection B, the $25,000 exemption shall be prorated among the trusts. Further, if the grantor made uncompensated transfers, as defined in § 20-88.02<\/a>, within 30 months of applying for Medicaid benefits and no payments were ordered pursuant to subsection D of § 20-88.02<\/a>, the $25,000 exemption under this subsection shall not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The exemption provided by subsection C shall not apply to any trust created on or after August 11, 1993. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To the extent any trust created between August 11, 1993, and July 1, 1994 would but for subsection D be entitled to the exemption provided by subsection C, the grantor may revoke such trust notwithstanding any irrevocability in the terms of such trust. Nothing contained in this subsection shall be construed to authorize the grantor to effect the vested rights of any beneficiary of such trust without the express written consent of such beneficiary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of subsection B shall not apply to an irrevocable inter vivos trust to the extent it is created for the purpose of paying the grantor’s funeral and burial expenses and is funded in an amount and manner allowable as a resource in determining eligibility for medical assistance benefits<\/span>. In the event any amount remains in the trust upon payment of the funeral or burial arrangements provided to or on behalf of such individual, the Commonwealth shall receive all amounts remaining in such trust up to an amount equal to the total medical assistance paid on behalf of the individual. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION IN CERTAIN TRUST VOID (\u00a7 64.2-108.2)\n\nA. For purposes of this section, “medical assistance” and\n“medical assistance benefits” mean benefits payable under the state\nplan for medical assistance services.\n\nB. Except as provided in subsection C, a provision in any inter vivos trust\ncreated for the benefit of the grantor that provides directly or indirectly for\nthe suspension, termination, or diversion of the principal, income, or other\nbeneficial interest of the grantor in the event that he should apply for medical\nassistance or require medical, hospital, or nursing care or long-term custodial,\nnursing, or medical care shall be against public policy and ineffective as\nagainst the Commonwealth. The assets of the trust, both principal and interest,\nshall be distributed as though no such application had been made. The provisions\nof this subsection shall apply without regard to the irrevocability of the trust\nor the purpose for which the trust was created.\n\nC. Subsection B shall not apply to any trust with a corpus of $25,000 or less.\nIf the corpus of any such trust exceeds $25,000, $25,000 of the trust shall be\nexempt from the provisions of subsection B. However, if the grantor has created\nmore than one trust as described in subsection B, the $25,000 exemption shall be\nprorated among the trusts. Further, if the grantor made uncompensated transfers,\nas defined in § 20-88.02, within 30 months of applying for Medicaid\nbenefits and no payments were ordered pursuant to subsection D of §\n20-88.02, the $25,000 exemption under this subsection shall not apply.\n\nD. The exemption provided by subsection C shall not apply to any trust created\non or after August 11, 1993.\n\nE. To the extent any trust created between August 11, 1993, and July 1, 1994\nwould but for subsection D be entitled to the exemption provided by subsection\nC, the grantor may revoke such trust notwithstanding any irrevocability in the\nterms of such trust. Nothing contained in this subsection shall be construed to\nauthorize the grantor to effect the vested rights of any beneficiary of such\ntrust without the express written consent of such beneficiary.\n\nF. The provisions of subsection B shall not apply to an irrevocable inter vivos\ntrust to the extent it is created for the purpose of paying the grantor’s\nfuneral and burial expenses and is funded in an amount and manner allowable as a\nresource in determining eligibility for medical assistance benefits. In the\nevent any amount remains in the trust upon payment of the funeral or burial\narrangements provided to or on behalf of such individual, the Commonwealth shall\nreceive all amounts remaining in such trust up to an amount equal to the total\nmedical assistance paid on behalf of the individual.\n\nHISTORY: 1993, c. 701, \u00a7 55-19.5; 1994, c. 692; 1998, c. 735; 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}}