{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-745.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-745.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-745.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-745.1.html"}],"law_id":78194,"edition_id":1,"section_id":78194,"structure_id":13993,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","history":"2012, c. 555, \u00a7 55-545.03:2; 2012, c. 614.","full_text":"A\n\nA settlor may transfer assets to a qualified self-settled spendthrift trust and retain in that trust a qualified interest, and, except as otherwise provided in this article, § 64.2-747 shall not apply to such qualified interest.B\n\nSection 64.2-747 shall continue to apply with respect to any interest held by a settlor in a qualified self-settled spendthrift trust, other than a qualified interest.C\n\nA settlor’s transfer to a qualified self-settled spendthrift trust shall not, to the extent of the settlor’s qualified interest, be deemed to have been made with intent to delay, hinder, or defraud creditors, for purposes of § 55.1-400, merely because it is made to a trust with respect to which the settlor retains a qualified interest and merely because it is made without consideration. A settlor’s transfer to a qualified self-settled spendthrift trust may, however, be set aside under § 55.1-400 or 55.1-401 on other bases, such as if the transfer renders the settlor insolvent.D\n\nA settlor’s creditor may bring an action under § 55.1-402 to avoid a transfer to a qualified self-settled spendthrift trust or otherwise to enforce a claim that existed on the date of the settlor’s transfer to such trust within five years after the date of the settlor’s transfer to such trust to which such claim relates.E\n\nA creditor shall have only such rights with respect to a settlor’s transfer to a qualified self-settled spendthrift trust as are provided in this section. No creditor and no other person shall have any claim or cause of action against any trustee, trust adviser, trust director, or any person involved in the counseling, drafting, preparation, or execution of, or transfers to a qualified self-settled spendthrift trust.F\n\nIf a settlor makes more than one transfer to the same qualified self-settled spendthrift trust, the following rules shall apply:1\n\nThe settlor’s making of a subsequent transfer shall be disregarded in determining whether a creditor’s claim with respect to a prior transfer is valid under this section;2\n\nWith respect to each subsequent transfer by the settlor, the five-year limitations period provided in subsection D, with respect to actions brought under Chapter 4 (§ 55.1-400 et seq.) of Title 55.1 with respect to the subsequent transfer, commences on the date of such subsequent transfer; and3\n\nAny distribution to a beneficiary is deemed to have been made from the latest such transfer.G\n\nThe movement to the Commonwealth of the administration of an existing trust, which, after such movement to the Commonwealth, meets for the first time all of the requirements of a qualified self-settled spendthrift trust, shall be treated, for purposes of this section, as a transfer to this trust by the settlor on the date of such movement of all of the assets previously transferred to the trust by the settlor.","order_by":null,"text":{"0":{"id":280291,"text":"A settlor may transfer assets to a qualified self-settled spendthrift trust and retain in that trust a qualified interest, and, except as otherwise provided in this article, § 64.2-747 shall not apply to such qualified interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280292,"text":"Section 64.2-747 shall continue to apply with respect to any interest held by a settlor in a qualified self-settled spendthrift trust, other than a qualified interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280293,"text":"A settlor’s transfer to a qualified self-settled spendthrift trust shall not, to the extent of the settlor’s qualified interest, be deemed to have been made with intent to delay, hinder, or defraud creditors, for purposes of § 55.1-400, merely because it is made to a trust with respect to which the settlor retains a qualified interest and merely because it is made without consideration. A settlor’s transfer to a qualified self-settled spendthrift trust may, however, be set aside under § 55.1-400 or 55.1-401 on other bases, such as if the transfer renders the settlor insolvent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280294,"text":"A settlor’s creditor may bring an action under § 55.1-402 to avoid a transfer to a qualified self-settled spendthrift trust or otherwise to enforce a claim that existed on the date of the settlor’s transfer to such trust within five years after the date of the settlor’s transfer to such trust to which such claim relates.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":280295,"text":"A creditor shall have only such rights with respect to a settlor’s transfer to a qualified self-settled spendthrift trust as are provided in this section. No creditor and no other person shall have any claim or cause of action against any trustee, trust adviser, trust director, or any person involved in the counseling, drafting, preparation, or execution of, or transfers to a qualified self-settled spendthrift trust.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":280296,"text":"If a settlor makes more than one transfer to the same qualified self-settled spendthrift trust, the following rules shall apply:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":280297,"text":"The settlor’s making of a subsequent transfer shall be disregarded in determining whether a creditor’s claim with respect to a prior transfer is valid under this section;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":280298,"text":"With respect to each subsequent transfer by the settlor, the five-year limitations period provided in subsection D, with respect to actions brought under Chapter 4 (§ 55.1-400 et seq.) of Title 55.1 with respect to the subsequent transfer, commences on the date of such subsequent transfer; and","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":280299,"text":"Any distribution to a beneficiary is deemed to have been made from the latest such transfer.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"G"},"9":{"id":280300,"text":"The movement to the Commonwealth of the administration of an existing trust, which, after such movement to the Commonwealth, meets for the first time all of the requirements of a qualified self-settled spendthrift trust, shall be treated, for purposes of this section, as a transfer to this trust by the settlor on the date of such movement of all of the assets previously transferred to the trust by the settlor.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F3"}},"ancestry":[{"id":13993,"edition_id":1,"name":"Creditor's Claims; Spendthrift and Discretionary Trusts","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:46:32","date_modified":"2026-06-26 03:46:32","permalink":{"id":274357,"object_type":"structure","relational_id":13993,"identifier":"5","token":"64.2\/III\/7\/5","url":"\/64.2\/III\/7\/5\/","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":56108,"structure_id":13993,"section_number":"64.2-742","catch_line":"Rights of beneficiary's creditor or assignee","url":"\/64.2-742\/","token":"64.2\/III\/7\/5\/64.2-742","metadata":false},{"id":68070,"structure_id":13993,"section_number":"64.2-743","catch_line":"Spendthrift provision","url":"\/64.2-743\/","token":"64.2\/III\/7\/5\/64.2-743","metadata":false},{"id":65426,"structure_id":13993,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","url":"\/64.2-744\/","token":"64.2\/III\/7\/5\/64.2-744","metadata":false},{"id":59106,"structure_id":13993,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","metadata":false},{"id":78194,"structure_id":13993,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","url":"\/64.2-745.1\/","token":"64.2\/III\/7\/5\/64.2-745.1","metadata":false},{"id":83972,"structure_id":13993,"section_number":"64.2-745.2","catch_line":"Definitions; vacancies; right to withdraw","url":"\/64.2-745.2\/","token":"64.2\/III\/7\/5\/64.2-745.2","metadata":false},{"id":55071,"structure_id":13993,"section_number":"64.2-746","catch_line":"Discretionary trusts; effect of standard","url":"\/64.2-746\/","token":"64.2\/III\/7\/5\/64.2-746","metadata":false},{"id":70541,"structure_id":13993,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","url":"\/64.2-747\/","token":"64.2\/III\/7\/5\/64.2-747","metadata":false},{"id":83758,"structure_id":13993,"section_number":"64.2-748","catch_line":"Overdue distribution","url":"\/64.2-748\/","token":"64.2\/III\/7\/5\/64.2-748","metadata":false},{"id":62195,"structure_id":13993,"section_number":"64.2-749","catch_line":"Personal obligations of trustee","url":"\/64.2-749\/","token":"64.2\/III\/7\/5\/64.2-749","metadata":false}],"previous_section":{"id":59106,"structure_id":13993,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","metadata":false},"next_section":{"id":83972,"structure_id":13993,"section_number":"64.2-745.2","catch_line":"Definitions; vacancies; right to withdraw","url":"\/64.2-745.2\/","token":"64.2\/III\/7\/5\/64.2-745.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-745.1\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapter 555<\/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":70541,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","order_by":null,"url":"\/64.2-747\/"}],"refers_to":[{"id":59922,"section_number":"55.1-400","catch_line":"Void fraudulent acts; bona fide purchasers not affected","order_by":null,"url":"\/55.1-400\/"},{"id":81651,"section_number":"55.1-401","catch_line":"Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors","order_by":null,"url":"\/55.1-401\/"},{"id":79832,"section_number":"55.1-402","catch_line":"Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges","order_by":null,"url":"\/55.1-402\/"},{"id":70541,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","order_by":null,"url":"\/64.2-747\/"}],"permalink":{"id":274375,"object_type":"law","relational_id":78194,"identifier":"64.2-745.1","token":"64.2\/III\/7\/5\/64.2-745.1","url":"\/64.2-745.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-745.1\/","token":"64.2\/III\/7\/5\/64.2-745.1","dublin_core":{"Title":"Self-settled spendthrift trusts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-745.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A settlor may transfer assets<\/span> to a qualified self-settled spendthrift trust and retain in that trust a qualified interest, and, except as otherwise provided in this article, § 64.2-747<\/a> shall not apply to such qualified interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Section 64.2-747<\/a> shall continue to apply with respect to any interest held by a settlor in a qualified self-settled spendthrift trust, other than a qualified interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A settlor’s transfer to a qualified self-settled spendthrift trust shall not, to the extent of the settlor’s qualified interest, be deemed to have been made with intent<\/span> to delay, hinder, or defraud creditors<\/span>, for purposes of § 55.1-400<\/a>, merely because it is made to a trust with respect to which the settlor retains a qualified interest and merely because it is made without consideration. A settlor’s transfer to a qualified self-settled spendthrift trust may, however, be set aside under § 55.1-400<\/a> or 55.1-401<\/a> on other bases, such as if the transfer renders the settlor insolvent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A settlor’s creditor<\/span> may bring an action under § 55.1-402<\/a> to avoid a transfer to a qualified self-settled spendthrift trust or otherwise to enforce a claim that existed on the date of the settlor’s transfer to such trust within five years after the date of the settlor’s transfer to such trust to which such claim relates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A creditor<\/span> shall have only such rights with respect to a settlor’s transfer to a qualified self-settled spendthrift trust as are provided in this section. No creditor<\/span> and no other person<\/span> shall have any claim or cause of action<\/span> against any trustee<\/span>, trust adviser, trust director<\/span>, or any person<\/span> involved in the counseling, drafting, preparation, or execution of, or transfers to a qualified self-settled spendthrift trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a settlor makes more than one transfer to the same qualified self-settled spendthrift trust, the following rules shall apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The settlor’s making of a subsequent transfer shall be disregarded in determining whether a creditor<\/span>’s claim with respect to a prior transfer is valid under this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With respect to each subsequent transfer by the settlor, the five-year limitations period provided in subsection D, with respect to actions brought under Chapter 4 (§ 55.1-400<\/a> et seq.) of Title 55.1 with respect to the subsequent transfer, commences on the date of such subsequent transfer; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any distribution to a beneficiary<\/span> is deemed to have been made from the latest such transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The movement to the Commonwealth of the administration of an existing trust, which, after such movement to the Commonwealth, meets for the first time all of the requirements of a qualified self-settled spendthrift trust, shall be treated, for purposes of this section, as a transfer to this trust by the settlor on the date of such movement of all of the assets<\/span> previously transferred to the trust by the settlor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSELF-SETTLED SPENDTHRIFT TRUSTS (\u00a7 64.2-745.1)\n\nA. A settlor may transfer assets to a qualified self-settled spendthrift trust\nand retain in that trust a qualified interest, and, except as otherwise provided\nin this article, § 64.2-747 shall not apply to such qualified interest.\n\nB. Section 64.2-747 shall continue to apply with respect to any interest held by\na settlor in a qualified self-settled spendthrift trust, other than a qualified\ninterest.\n\nC. A settlor’s transfer to a qualified self-settled spendthrift trust\nshall not, to the extent of the settlor’s qualified interest, be deemed to\nhave been made with intent to delay, hinder, or defraud creditors, for purposes\nof § 55.1-400, merely because it is made to a trust with respect to which\nthe settlor retains a qualified interest and merely because it is made without\nconsideration. A settlor’s transfer to a qualified self-settled\nspendthrift trust may, however, be set aside under § 55.1-400 or 55.1-401\non other bases, such as if the transfer renders the settlor insolvent.\n\nD. A settlor’s creditor may bring an action under § 55.1-402 to avoid\na transfer to a qualified self-settled spendthrift trust or otherwise to enforce\na claim that existed on the date of the settlor’s transfer to such trust\nwithin five years after the date of the settlor’s transfer to such trust\nto which such claim relates.\n\nE. A creditor shall have only such rights with respect to a settlor’s\ntransfer to a qualified self-settled spendthrift trust as are provided in this\nsection. No creditor and no other person shall have any claim or cause of action\nagainst any trustee, trust adviser, trust director, or any person involved in\nthe counseling, drafting, preparation, or execution of, or transfers to a\nqualified self-settled spendthrift trust.\n\nF. If a settlor makes more than one transfer to the same qualified self-settled\nspendthrift trust, the following rules shall apply:\n\n 1. The settlor’s making of a subsequent transfer shall be disregarded in\n determining whether a creditor’s claim with respect to a prior transfer\n is valid under this section;\n\n 2. With respect to each subsequent transfer by the settlor, the five-year\n limitations period provided in subsection D, with respect to actions brought\n under Chapter 4 (§ 55.1-400 et seq.) of Title 55.1 with respect to the\n subsequent transfer, commences on the date of such subsequent transfer; and\n\n 3. Any distribution to a beneficiary is deemed to have been made from the\n latest such transfer.\n\nG. The movement to the Commonwealth of the administration of an existing trust,\nwhich, after such movement to the Commonwealth, meets for the first time all of\nthe requirements of a qualified self-settled spendthrift trust, shall be\ntreated, for purposes of this section, as a transfer to this trust by the\nsettlor on the date of such movement of all of the assets previously transferred\nto the trust by the settlor.\n\nHISTORY: 2012, c. 555, \u00a7 55-545.03:2; 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}}