{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-729.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-729.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-729.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-729.html"}],"law_id":80099,"edition_id":1,"section_id":80099,"structure_id":14034,"section_number":"64.2-729","catch_line":"Modification or termination of noncharitable irrevocable trust by consent","history":"2005, c. 935, \u00a7 55-544.11; 2012, c. 614.","full_text":"A\n\nIf upon petition the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall enter an order approving the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor’s conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor’s guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.B\n\nA noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.C\n\nUpon termination of a trust under subsection A or B, the trustee shall distribute the trust property as agreed by the beneficiaries.D\n\nIf not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection A or B, the modification or termination may be approved by the court if the court is satisfied that:1\n\nIf all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and2\n\nThe interests of a beneficiary who does not consent will be adequately protected.","order_by":null,"text":{"0":{"id":286812,"text":"If upon petition the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall enter an order approving the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor’s conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor’s guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286813,"text":"A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286814,"text":"Upon termination of a trust under subsection A or B, the trustee shall distribute the trust property as agreed by the beneficiaries.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286815,"text":"If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection A or B, the modification or termination may be approved by the court if the court is satisfied that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":286816,"text":"If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":286817,"text":"The interests of a beneficiary who does not consent will be adequately protected.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-729\/","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":87339,"section_number":"64.2-714","catch_line":"Representation; basic effect","order_by":null,"url":"\/64.2-714\/"},{"id":84830,"section_number":"64.2-728","catch_line":"Modification or termination of trust; proceedings for approval or disapproval","order_by":null,"url":"\/64.2-728\/"}],"refers_to":false,"permalink":{"id":274305,"object_type":"law","relational_id":80099,"identifier":"64.2-729","token":"64.2\/III\/7\/4\/64.2-729","url":"\/64.2-729\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-729\/","token":"64.2\/III\/7\/4\/64.2-729","dublin_core":{"Title":"Modification or termination of noncharitable irrevocable trust by consent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-729","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If upon petition<\/span> the court<\/span> finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court<\/span> shall enter an order<\/span> approving the modification or termination even if the modification or termination is inconsistent with a material<\/span> purpose of the trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by an agent under a power of attorney<\/span> only to the extent expressly authorized by the power of attorney<\/span> or the terms of the trust; by the settlor’s conservator<\/span> with the approval of the court<\/span> supervising the conservatorship if an agent is not so authorized; or by the settlor’s guardian<\/span> with the approval of the court<\/span> supervising the guardianship if an agent is not so authorized and a conservator<\/span> has not been appointed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court<\/span> concludes that continuance<\/span> of the trust is not necessary to achieve any material<\/span> purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court<\/span> concludes that modification is not inconsistent with a material<\/span> purpose of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon termination of a trust under subsection A or B, the trustee<\/span> shall distribute the trust property<\/span> as agreed by the beneficiaries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection A or B, the modification or termination may be approved by the court<\/span> if the court<\/span> is satisfied that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The interests of a beneficiary<\/span> who does not consent will<\/span> be adequately protected. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMODIFICATION OR TERMINATION OF NONCHARITABLE IRREVOCABLE TRUST BY CONSENT (\u00a7\n64.2-729)\n\nA. If upon petition the court finds that the settlor and all beneficiaries\nconsent to the modification or termination of a noncharitable irrevocable trust,\nthe court shall enter an order approving the modification or termination even if\nthe modification or termination is inconsistent with a material purpose of the\ntrust. A settlor’s power to consent to a trust’s modification or\ntermination may be exercised by an agent under a power of attorney only to the\nextent expressly authorized by the power of attorney or the terms of the trust;\nby the settlor’s conservator with the approval of the court supervising\nthe conservatorship if an agent is not so authorized; or by the settlor’s\nguardian with the approval of the court supervising the guardianship if an agent\nis not so authorized and a conservator has not been appointed.\n\nB. A noncharitable irrevocable trust may be terminated upon consent of all of\nthe beneficiaries if the court concludes that continuance of the trust is not\nnecessary to achieve any material purpose of the trust. A noncharitable\nirrevocable trust may be modified upon consent of all of the beneficiaries if\nthe court concludes that modification is not inconsistent with a material\npurpose of the trust.\n\nC. Upon termination of a trust under subsection A or B, the trustee shall\ndistribute the trust property as agreed by the beneficiaries.\n\nD. If not all of the beneficiaries consent to a proposed modification or\ntermination of the trust under subsection A or B, the modification or\ntermination may be approved by the court if the court is satisfied that:\n\n 1. If all of the beneficiaries had consented, the trust could have been\n modified or terminated under this section; and\n\n 2. The interests of a beneficiary who does not consent will be adequately\n protected.\n\nHISTORY: 2005, c. 935, \u00a7 55-544.11; 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}}