{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-719.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-719.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-719.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-719.html"}],"law_id":79648,"edition_id":1,"section_id":79648,"structure_id":14034,"section_number":"64.2-719","catch_line":"Methods of creating trust","history":"2005, c. 935, \u00a7 55-544.01; 2010, cc. 455, 632; 2012, c. 614; 2013, c. 523; 2016, c. 186.","full_text":"A\n\nA trust may be created by:1\n\nTransfer of property to another person as trustee during the settlor’s lifetime by the settlor or by the settlor’s agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes the agent to create a trust on the settlor’s behalf or by will or other disposition taking effect upon the settlor’s death;2\n\nDeclaration by the owner of property that the owner holds identifiable property as trustee;3\n\nExercise of a power of appointment in favor of a trustee; or4\n\nA conservator acting in accordance with § 64.2-2023.B\n\nA circuit court, upon petition from an interested party, may create and establish a trust with such trustee and such terms as the court determines. In an order creating and establishing the trust, the court shall determine whether the trustee shall have a duty to qualify in the clerk’s office; post bond, with or without surety; or file an inventory and annual accounting with the commissioner of accounts as would apply to a testamentary trustee.","order_by":null,"text":{"0":{"id":285379,"text":"A trust may be created by:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":285380,"text":"Transfer of property to another person as trustee during the settlor’s lifetime by the settlor or by the settlor’s agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes the agent to create a trust on the settlor’s behalf or by will or other disposition taking effect upon the settlor’s death;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":285381,"text":"Declaration by the owner of property that the owner holds identifiable property as trustee;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":285382,"text":"Exercise of a power of appointment in favor of a trustee; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":285383,"text":"A conservator acting in accordance with § 64.2-2023.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":285384,"text":"A circuit court, upon petition from an interested party, may create and establish a trust with such trustee and such terms as the court determines. In an order creating and establishing the trust, the court shall determine whether the trustee shall have a duty to qualify in the clerk’s office; post bond, with or without surety; or file an inventory and annual accounting with the commissioner of accounts as would apply to a testamentary trustee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"ancestry":[{"id":14034,"edition_id":1,"name":"Creation, Validity, Modification, and Termination of Trust","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:46:39","date_modified":"2026-06-26 03:46:39","permalink":{"id":274263,"object_type":"structure","relational_id":14034,"identifier":"4","token":"64.2\/III\/7\/4","url":"\/64.2\/III\/7\/4\/","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":79648,"structure_id":14034,"section_number":"64.2-719","catch_line":"Methods of creating trust","url":"\/64.2-719\/","token":"64.2\/III\/7\/4\/64.2-719","metadata":false},{"id":69632,"structure_id":14034,"section_number":"64.2-720","catch_line":"Requirements for creation","url":"\/64.2-720\/","token":"64.2\/III\/7\/4\/64.2-720","metadata":false},{"id":83069,"structure_id":14034,"section_number":"64.2-721","catch_line":"Trusts created in other jurisdictions","url":"\/64.2-721\/","token":"64.2\/III\/7\/4\/64.2-721","metadata":false},{"id":55125,"structure_id":14034,"section_number":"64.2-722","catch_line":"Trust purposes","url":"\/64.2-722\/","token":"64.2\/III\/7\/4\/64.2-722","metadata":false},{"id":60061,"structure_id":14034,"section_number":"64.2-723","catch_line":"Charitable purposes; enforcement","url":"\/64.2-723\/","token":"64.2\/III\/7\/4\/64.2-723","metadata":false},{"id":58193,"structure_id":14034,"section_number":"64.2-724","catch_line":"Creation of trust induced by fraud, duress, or undue influence","url":"\/64.2-724\/","token":"64.2\/III\/7\/4\/64.2-724","metadata":false},{"id":85469,"structure_id":14034,"section_number":"64.2-725","catch_line":"Evidence of oral trust","url":"\/64.2-725\/","token":"64.2\/III\/7\/4\/64.2-725","metadata":false},{"id":55689,"structure_id":14034,"section_number":"64.2-726","catch_line":"Trust for care of animal","url":"\/64.2-726\/","token":"64.2\/III\/7\/4\/64.2-726","metadata":false},{"id":81678,"structure_id":14034,"section_number":"64.2-727","catch_line":"Noncharitable trust without ascertainable beneficiary","url":"\/64.2-727\/","token":"64.2\/III\/7\/4\/64.2-727","metadata":false},{"id":84830,"structure_id":14034,"section_number":"64.2-728","catch_line":"Modification or termination of trust; proceedings for approval or disapproval","url":"\/64.2-728\/","token":"64.2\/III\/7\/4\/64.2-728","metadata":false},{"id":80099,"structure_id":14034,"section_number":"64.2-729","catch_line":"Modification or termination of noncharitable irrevocable trust by consent","url":"\/64.2-729\/","token":"64.2\/III\/7\/4\/64.2-729","metadata":false},{"id":66263,"structure_id":14034,"section_number":"64.2-730","catch_line":"Modification or termination because of unanticipated circumstances or inability to administer trust effectively","url":"\/64.2-730\/","token":"64.2\/III\/7\/4\/64.2-730","metadata":false},{"id":69697,"structure_id":14034,"section_number":"64.2-731","catch_line":"Cy pres","url":"\/64.2-731\/","token":"64.2\/III\/7\/4\/64.2-731","metadata":false},{"id":66862,"structure_id":14034,"section_number":"64.2-732","catch_line":"Modification or termination of uneconomic trust","url":"\/64.2-732\/","token":"64.2\/III\/7\/4\/64.2-732","metadata":false},{"id":84040,"structure_id":14034,"section_number":"64.2-733","catch_line":"Reformation to correct mistakes","url":"\/64.2-733\/","token":"64.2\/III\/7\/4\/64.2-733","metadata":false},{"id":60974,"structure_id":14034,"section_number":"64.2-734","catch_line":"Modification to achieve settlor's tax objectives","url":"\/64.2-734\/","token":"64.2\/III\/7\/4\/64.2-734","metadata":false},{"id":69919,"structure_id":14034,"section_number":"64.2-735","catch_line":"Combination and division of trusts","url":"\/64.2-735\/","token":"64.2\/III\/7\/4\/64.2-735","metadata":false},{"id":61715,"structure_id":14034,"section_number":"64.2-736","catch_line":"Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust","url":"\/64.2-736\/","token":"64.2\/III\/7\/4\/64.2-736","metadata":false},{"id":83369,"structure_id":14034,"section_number":"64.2-737","catch_line":"Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation","url":"\/64.2-737\/","token":"64.2\/III\/7\/4\/64.2-737","metadata":false},{"id":69457,"structure_id":14034,"section_number":"64.2-738","catch_line":"Prohibitions as to trust that is deemed a split-interest trust","url":"\/64.2-738\/","token":"64.2\/III\/7\/4\/64.2-738","metadata":false},{"id":79217,"structure_id":14034,"section_number":"64.2-739","catch_line":"Application of \u00a7\u00a7 64.2-737 and 64.2-738","url":"\/64.2-739\/","token":"64.2\/III\/7\/4\/64.2-739","metadata":false},{"id":78805,"structure_id":14034,"section_number":"64.2-740","catch_line":"Interpretation of references to Internal Revenue Code in \u00a7\u00a7 64.2-736 through 64.2-739","url":"\/64.2-740\/","token":"64.2\/III\/7\/4\/64.2-740","metadata":false},{"id":73508,"structure_id":14034,"section_number":"64.2-741","catch_line":"Powers of courts not impaired by \u00a7\u00a7 64.2-736 through 64.2-740","url":"\/64.2-741\/","token":"64.2\/III\/7\/4\/64.2-741","metadata":false}],"next_section":{"id":69632,"structure_id":14034,"section_number":"64.2-720","catch_line":"Requirements for creation","url":"\/64.2-720\/","token":"64.2\/III\/7\/4\/64.2-720","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-719\/","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 4 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 2010, chapters 455<\/a> and 632<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 523<\/a>; in 2016, chapter 186<\/a>.<\/p>","references":false,"refers_to":[{"id":59902,"section_number":"64.2-1612","catch_line":"Agent's duties","order_by":null,"url":"\/64.2-1612\/"}],"permalink":{"id":274265,"object_type":"law","relational_id":79648,"identifier":"64.2-719","token":"64.2\/III\/7\/4\/64.2-719","url":"\/64.2-719\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-719\/","token":"64.2\/III\/7\/4\/64.2-719","dublin_core":{"Title":"Methods of creating trust","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-719","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trust may be created by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Transfer of property<\/span> to another person<\/span> as trustee<\/span> during the settlor’s lifetime by the settlor or by the settlor’s agent, acting in accordance with § 64.2-1612<\/a>, under a power of attorney<\/span> that expressly authorizes the agent to create a trust on the settlor’s behalf or by will<\/span> or other disposition<\/span> taking effect upon the settlor’s death; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Declaration by the owner of property<\/span> that the owner holds identifiable property<\/span> as trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Exercise of a power of appointment<\/span> in favor of a trustee<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A conservator<\/span> acting in accordance with § 64.2-2023<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A circuit<\/span> court<\/span>, upon petition<\/span> from an interested party<\/span>, may create and establish a trust with such trustee<\/span> and such terms as the court<\/span> determines. In an order<\/span> creating and establishing the trust, the court<\/span> shall determine whether the trustee<\/span> shall have a duty to qualify in the clerk’s office; post bond<\/span>, with or without surety<\/span>; or file an inventory and annual accounting with the commissioner of accounts as would apply to a testamentary trustee<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMETHODS OF CREATING TRUST (\u00a7 64.2-719)\n\nA. A trust may be created by:\n\n 1. Transfer of property to another person as trustee during the\n settlor’s lifetime by the settlor or by the settlor’s agent,\n acting in accordance with § 64.2-1612, under a power of attorney that\n expressly authorizes the agent to create a trust on the settlor’s behalf\n or by will or other disposition taking effect upon the settlor’s death;\n\n 2. Declaration by the owner of property that the owner holds identifiable\n property as trustee;\n\n 3. Exercise of a power of appointment in favor of a trustee; or\n\n 4. A conservator acting in accordance with § 64.2-2023.\n\nB. A circuit court, upon petition from an interested party, may create and\nestablish a trust with such trustee and such terms as the court determines. In\nan order creating and establishing the trust, the court shall determine whether\nthe trustee shall have a duty to qualify in the clerk’s office; post bond,\nwith or without surety; or file an inventory and annual accounting with the\ncommissioner of accounts as would apply to a testamentary trustee.\n\nHISTORY: 2005, c. 935, \u00a7 55-544.01; 2010, cc. 455, 632; 2012, c. 614; 2013, c.\n523; 2016, c. 186.","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}}