{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-746.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-746.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-746.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-746.html"}],"law_id":55071,"edition_id":1,"section_id":55071,"structure_id":13993,"section_number":"64.2-746","catch_line":"Discretionary trusts; effect of standard","history":"2005, c. 935, \u00a7 55-545.04; 2012, c. 614.","full_text":"A\n\nIn this section, “child” includes any person for whom an order or judgment for child support has been entered in this or another state.B\n\nExcept as otherwise provided in subsection C and \u00a7 64.2-745, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee’s discretion, even if:1\n\nThe discretion is expressed in the form of a standard of distribution; or2\n\nThe trustee has abused the discretion.C\n\nTo the extent a trustee has not complied with a standard of distribution or has abused a discretion:1\n\nA distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary’s child; and2\n\nThe court shall direct the trustee to pay to the child such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.D\n\nThis section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.E\n\nA creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard.","order_by":null,"text":{"0":{"id":201970,"text":"In this section, “child” includes any person for whom an order or judgment for child support has been entered in this or another state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201971,"text":"Except as otherwise provided in subsection C and \u00a7 64.2-745, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee’s discretion, even if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":201972,"text":"The discretion is expressed in the form of a standard of distribution; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":201973,"text":"The trustee has abused the discretion.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":201974,"text":"To the extent a trustee has not complied with a standard of distribution or has abused a discretion:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":201975,"text":"A distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary’s child; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":201976,"text":"The court shall direct the trustee to pay to the child such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":201977,"text":"This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":201978,"text":"A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-746\/","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":false,"refers_to":[{"id":59106,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","order_by":null,"url":"\/64.2-745\/"}],"permalink":{"id":274383,"object_type":"law","relational_id":55071,"identifier":"64.2-746","token":"64.2\/III\/7\/5\/64.2-746","url":"\/64.2-746\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-746\/","token":"64.2\/III\/7\/5\/64.2-746","dublin_core":{"Title":"Discretionary trusts; effect of standard","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-746","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section, “child<\/span>” includes any person<\/span> for whom an order<\/span> or judgment<\/span> for child<\/span> support has been entered in this or another state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in subsection C and \u00a7 64.2-745<\/a>, whether or not a trust contains a spendthrift provision<\/span>, a creditor<\/span> of a beneficiary<\/span> may not compel a distribution that is subject to the trustee<\/span>’s discretion, even if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The discretion is expressed in the form of a standard of distribution; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The trustee<\/span> has abused the discretion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To the extent a trustee<\/span> has not complied with a standard of distribution or has abused a discretion: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A distribution may be ordered by the court to satisfy a judgment<\/span> or court order<\/span> against the beneficiary<\/span> for support or maintenance of the beneficiary<\/span>’s child<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The court shall direct the trustee<\/span> to pay to the child<\/span> such amount as is equitable<\/span> under the circumstances but not more than the amount the trustee<\/span> would have been required to distribute to or for the benefit of the beneficiary<\/span> had the trustee<\/span> complied with the standard or not abused the discretion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section does not limit the right of a beneficiary<\/span> to maintain a judicial proceeding against a trustee<\/span> for an abuse of discretion or failure to comply with a standard for distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A creditor<\/span> may not reach the interest of a beneficiary<\/span> who is also a trustee<\/span> or cotrustee, or otherwise compel a distribution, if the trustee<\/span>’s discretion to make distributions for the trustee<\/span>’s own benefit is limited by an ascertainable standard<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRETIONARY TRUSTS; EFFECT OF STANDARD (\u00a7 64.2-746)\n\nA. In this section, “child” includes any person for whom an order or\njudgment for child support has been entered in this or another state.\n\nB. Except as otherwise provided in subsection C and \u00a7 64.2-745, whether or not\na trust contains a spendthrift provision, a creditor of a beneficiary may not\ncompel a distribution that is subject to the trustee’s discretion, even\nif:\n\n 1. The discretion is expressed in the form of a standard of distribution; or\n\n 2. The trustee has abused the discretion.\n\nC. To the extent a trustee has not complied with a standard of distribution or\nhas abused a discretion:\n\n 1. A distribution may be ordered by the court to satisfy a judgment or court\n order against the beneficiary for support or maintenance of the\n beneficiary’s child; and\n\n 2. The court shall direct the trustee to pay to the child such amount as is\n equitable under the circumstances but not more than the amount the trustee\n would have been required to distribute to or for the benefit of the\n beneficiary had the trustee complied with the standard or not abused the\n discretion.\n\nD. This section does not limit the right of a beneficiary to maintain a judicial\nproceeding against a trustee for an abuse of discretion or failure to comply\nwith a standard for distribution.\n\nE. A creditor may not reach the interest of a beneficiary who is also a trustee\nor cotrustee, or otherwise compel a distribution, if the trustee’s\ndiscretion to make distributions for the trustee’s own benefit is limited\nby an ascertainable standard.\n\nHISTORY: 2005, c. 935, \u00a7 55-545.04; 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}}