{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-720.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-720.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-720.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-720.html"}],"law_id":69632,"edition_id":1,"section_id":69632,"structure_id":14034,"section_number":"64.2-720","catch_line":"Requirements for creation","history":"2005, c. 935, \u00a7 55-544.02; 2010, cc. 455, 632; 2012, c. 614.","full_text":"A\n\nA trust is created only if:1\n\nThe settlor has capacity to create a trust; or when the trust is created by the settlor’s agent under a power of attorney, which expressly authorizes the agent to create a trust on the settlor’s behalf;2\n\nThe settlor or his agent indicates an intention to create the trust;3\n\nThe trust has a definite beneficiary or is:\n\t\t\t\ta. A charitable trust;\n\t\t\t\tb. A trust for the care of an animal, as provided in § 64.2-726; or\n\t\t\t\tc. A trust for a noncharitable purpose, as provided in § 64.2-727;4\n\nThe trustee has duties to perform; and5\n\nThe same person is not the sole trustee and sole beneficiary.B\n\nA beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.C\n\nA power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.","order_by":null,"text":{"0":{"id":251767,"text":"A trust is created only if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251768,"text":"The settlor has capacity to create a trust; or when the trust is created by the settlor’s agent under a power of attorney, which expressly authorizes the agent to create a trust on the settlor’s behalf;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251769,"text":"The settlor or his agent indicates an intention to create the trust;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":251770,"text":"The trust has a definite beneficiary or is:\n\t\t\t\ta. A charitable trust;\n\t\t\t\tb. A trust for the care of an animal, as provided in § 64.2-726; or\n\t\t\t\tc. A trust for a noncharitable purpose, as provided in § 64.2-727;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":251771,"text":"The trustee has duties to perform; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":251772,"text":"The same person is not the sole trustee and sole beneficiary.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":251773,"text":"A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":251774,"text":"A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-720\/","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 2 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>.<\/p>","references":false,"refers_to":[{"id":55689,"section_number":"64.2-726","catch_line":"Trust for care of animal","order_by":null,"url":"\/64.2-726\/"},{"id":81678,"section_number":"64.2-727","catch_line":"Noncharitable trust without ascertainable beneficiary","order_by":null,"url":"\/64.2-727\/"}],"permalink":{"id":274269,"object_type":"law","relational_id":69632,"identifier":"64.2-720","token":"64.2\/III\/7\/4\/64.2-720","url":"\/64.2-720\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-720\/","token":"64.2\/III\/7\/4\/64.2-720","dublin_core":{"Title":"Requirements for creation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-720","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trust is created only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The settlor has capacity to create a trust; or when the trust is created by the settlor’s agent under a power of attorney<\/span>, which expressly authorizes the agent to create a trust on the settlor’s behalf; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The settlor or his agent indicates an intention to create the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The trust has a definite beneficiary<\/span> or is:\n\t\t\t\ta. A charitable trust<\/span>;\n\t\t\t\tb. A trust for the care of an animal, as provided in § 64.2-726<\/a>; or\n\t\t\t\tc. A trust for a noncharitable purpose, as provided in § 64.2-727<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The trustee<\/span> has duties to perform; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The same person<\/span> is not the sole trustee<\/span> and sole beneficiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A beneficiary<\/span> is definite if the beneficiary<\/span> can be ascertained now or in the future, subject to any applicable rule against perpetuities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A power in a trustee<\/span> to select a beneficiary<\/span> from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property<\/span> subject to the power passes to the persons<\/span> who would have taken the property<\/span> had the power not been conferred. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS FOR CREATION (\u00a7 64.2-720)\n\nA. A trust is created only if:\n\n 1. The settlor has capacity to create a trust; or when the trust is created by\n the settlor’s agent under a power of attorney, which expressly\n authorizes the agent to create a trust on the settlor’s behalf;\n\n 2. The settlor or his agent indicates an intention to create the trust;\n\n 3. The trust has a definite beneficiary or is:\n \t\t\t\ta. A charitable trust;\n \t\t\t\tb. A trust for the care of an animal, as provided in § 64.2-726; or\n \t\t\t\tc. A trust for a noncharitable purpose, as provided in § 64.2-727;\n\n 4. The trustee has duties to perform; and\n\n 5. The same person is not the sole trustee and sole beneficiary.\n\nB. A beneficiary is definite if the beneficiary can be ascertained now or in the\nfuture, subject to any applicable rule against perpetuities.\n\nC. A power in a trustee to select a beneficiary from an indefinite class is\nvalid. If the power is not exercised within a reasonable time, the power fails\nand the property subject to the power passes to the persons who would have taken\nthe property had the power not been conferred.\n\nHISTORY: 2005, c. 935, \u00a7 55-544.02; 2010, cc. 455, 632; 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}}