{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-709.html"}],"law_id":55392,"edition_id":1,"section_id":55392,"structure_id":14203,"section_number":"64.2-709","catch_line":"Nonjudicial settlement agreements","history":"2005, c. 935, \u00a7 55-541.11; 2012, c. 614.","full_text":"A\n\nFor purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.B\n\nExcept as otherwise provided in subsection C, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.C\n\nA nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.D\n\nMatters that may be resolved by a nonjudicial settlement agreement include:1\n\nThe interpretation or construction of the terms of the trust;2\n\nThe approval of a trustee’s report or accounting;3\n\nDirection to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;4\n\nThe resignation or appointment of a trustee and the determination of a trustee’s compensation;5\n\nTransfer of a trust’s principal place of administration; and6\n\nLiability of a trustee for an action relating to the trust.E\n\nAny interested person may petition the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 (§ 64.2-714 et seq.) was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.","order_by":null,"text":{"0":{"id":203087,"text":"For purposes of this section, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203088,"text":"Except as otherwise provided in subsection C, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203089,"text":"A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":203090,"text":"Matters that may be resolved by a nonjudicial settlement agreement include:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":203091,"text":"The interpretation or construction of the terms of the trust;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":203092,"text":"The approval of a trustee’s report or accounting;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":203093,"text":"Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":203094,"text":"The resignation or appointment of a trustee and the determination of a trustee’s compensation;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":203095,"text":"Transfer of a trust’s principal place of administration; and","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"9":{"id":203096,"text":"Liability of a trustee for an action relating to the trust.","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"E"},"10":{"id":203097,"text":"Any interested person may petition the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 (§ 64.2-714 et seq.) was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D6"}},"ancestry":[{"id":14203,"edition_id":1,"name":"General Provisions and Definitions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:47:16","date_modified":"2026-06-26 03:47:16","permalink":{"id":274109,"object_type":"structure","relational_id":14203,"identifier":"1","token":"64.2\/III\/7\/1","url":"\/64.2\/III\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12725,"edition_id":1,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274107,"object_type":"structure","relational_id":12725,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","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":77403,"structure_id":14203,"section_number":"64.2-700","catch_line":"Scope","url":"\/64.2-700\/","token":"64.2\/III\/7\/1\/64.2-700","metadata":false},{"id":80693,"structure_id":14203,"section_number":"64.2-701","catch_line":"Definitions","url":"\/64.2-701\/","token":"64.2\/III\/7\/1\/64.2-701","metadata":false},{"id":85487,"structure_id":14203,"section_number":"64.2-702","catch_line":"Knowledge","url":"\/64.2-702\/","token":"64.2\/III\/7\/1\/64.2-702","metadata":false},{"id":86944,"structure_id":14203,"section_number":"64.2-703","catch_line":"Default and mandatory rules","url":"\/64.2-703\/","token":"64.2\/III\/7\/1\/64.2-703","metadata":false},{"id":70374,"structure_id":14203,"section_number":"64.2-704","catch_line":"Common law of trusts; principles of equity","url":"\/64.2-704\/","token":"64.2\/III\/7\/1\/64.2-704","metadata":false},{"id":78961,"structure_id":14203,"section_number":"64.2-705","catch_line":"Governing law","url":"\/64.2-705\/","token":"64.2\/III\/7\/1\/64.2-705","metadata":false},{"id":85685,"structure_id":14203,"section_number":"64.2-706","catch_line":"Principal place of administration","url":"\/64.2-706\/","token":"64.2\/III\/7\/1\/64.2-706","metadata":false},{"id":56469,"structure_id":14203,"section_number":"64.2-707","catch_line":"Methods and waiver of notice","url":"\/64.2-707\/","token":"64.2\/III\/7\/1\/64.2-707","metadata":false},{"id":76542,"structure_id":14203,"section_number":"64.2-708","catch_line":"Others treated as qualified beneficiaries","url":"\/64.2-708\/","token":"64.2\/III\/7\/1\/64.2-708","metadata":false},{"id":55392,"structure_id":14203,"section_number":"64.2-709","catch_line":"Nonjudicial settlement agreements","url":"\/64.2-709\/","token":"64.2\/III\/7\/1\/64.2-709","metadata":false}],"previous_section":{"id":76542,"structure_id":14203,"section_number":"64.2-708","catch_line":"Others treated as qualified beneficiaries","url":"\/64.2-708\/","token":"64.2\/III\/7\/1\/64.2-708","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-709\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/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. It has been modified 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":81918,"section_number":"64.2-1033","catch_line":"Definitions","order_by":null,"url":"\/64.2-1033\/"},{"id":57514,"section_number":"64.2-432","catch_line":"Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011","order_by":null,"url":"\/64.2-432\/"},{"id":80693,"section_number":"64.2-701","catch_line":"Definitions","order_by":null,"url":"\/64.2-701\/"},{"id":64385,"section_number":"64.2-779.27","catch_line":"Application","order_by":null,"url":"\/64.2-779.27\/"}],"refers_to":[{"id":87339,"section_number":"64.2-714","catch_line":"Representation; basic effect","order_by":null,"url":"\/64.2-714\/"}],"permalink":{"id":274147,"object_type":"law","relational_id":55392,"identifier":"64.2-709","token":"64.2\/III\/7\/1\/64.2-709","url":"\/64.2-709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-709\/","token":"64.2\/III\/7\/1\/64.2-709","dublin_core":{"Title":"Nonjudicial settlement agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “interested persons<\/span>” means persons whose consent would be required in order<\/span> to achieve a binding settlement<\/span> were the settlement<\/span> to be approved by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in subsection C, interested persons<\/span> may enter into a binding nonjudicial settlement<\/span> agreement with respect to any matter involving a trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A nonjudicial settlement<\/span> agreement is valid only to the extent it does not violate a material<\/span> purpose of the trust and includes terms and conditions that could be properly approved by the court<\/span> under this chapter or other applicable law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Matters that may be resolved by a nonjudicial settlement<\/span> agreement include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The interpretation or construction of the terms of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The approval of a trustee<\/span>’s report or accounting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Direction to a trustee<\/span> to refrain from performing a particular act or the grant to a trustee<\/span> of any necessary or desirable power; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The resignation or appointment of a trustee<\/span> and the determination of a trustee<\/span>’s compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Transfer of a trust’s principal place of administration; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Liability of a trustee<\/span> for an action relating to the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any interested person<\/span> may petition<\/span> the court<\/span> to approve a nonjudicial settlement<\/span> agreement, to determine whether the representation as provided in Article 3 (§ 64.2-714<\/a> et seq.) was adequate, and to determine whether the agreement contains terms and conditions the court<\/span> could have properly approved. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONJUDICIAL SETTLEMENT AGREEMENTS (\u00a7 64.2-709)\n\nA. For purposes of this section, “interested persons” means persons\nwhose consent would be required in order to achieve a binding settlement were\nthe settlement to be approved by the court.\n\nB. Except as otherwise provided in subsection C, interested persons may enter\ninto a binding nonjudicial settlement agreement with respect to any matter\ninvolving a trust.\n\nC. A nonjudicial settlement agreement is valid only to the extent it does not\nviolate a material purpose of the trust and includes terms and conditions that\ncould be properly approved by the court under this chapter or other applicable\nlaw.\n\nD. Matters that may be resolved by a nonjudicial settlement agreement include:\n\n 1. The interpretation or construction of the terms of the trust;\n\n 2. The approval of a trustee’s report or accounting;\n\n 3. Direction to a trustee to refrain from performing a particular act or the\n grant to a trustee of any necessary or desirable power;\n\n 4. The resignation or appointment of a trustee and the determination of a\n trustee’s compensation;\n\n 5. Transfer of a trust’s principal place of administration; and\n\n 6. Liability of a trustee for an action relating to the trust.\n\nE. Any interested person may petition the court to approve a nonjudicial\nsettlement agreement, to determine whether the representation as provided in\nArticle 3 (§ 64.2-714 et seq.) was adequate, and to determine whether the\nagreement contains terms and conditions the court could have properly approved.\n\nHISTORY: 2005, c. 935, \u00a7 55-541.11; 2012, c. 614.","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}}