{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-751.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-751.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-751.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-751.html"}],"law_id":82573,"edition_id":1,"section_id":82573,"structure_id":12999,"section_number":"64.2-751","catch_line":"Revocation or amendment of revocable trust","history":"2005, c. 935, \u00a7 55-546.02; 2010, cc. 455, 632; 2012, c. 614.","full_text":"A\n\nUnless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2006.B\n\nIf a revocable trust is created or funded by more than one settlor:1\n\nTo the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;2\n\nTo the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution; and3\n\nUpon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.C\n\nThe settlor may revoke or amend a revocable trust:1\n\nBy substantial compliance with a method provided in the terms of the trust; or2\n\nIf the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence of the settlor’s intent.D\n\nUpon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.E\n\nA settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes such action except to the extent expressly prohibited by the terms of the trust.F\n\nA conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only (i) to the extent expressly authorized by the terms of the trust or (ii) if authorized by the court supervising the conservatorship or guardianship for good cause shown.G\n\nA trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.","order_by":null,"text":{"0":{"id":295847,"text":"Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2006.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295848,"text":"If a revocable trust is created or funded by more than one settlor:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":295849,"text":"To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":295850,"text":"To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":295851,"text":"Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":295852,"text":"The settlor may revoke or amend a revocable trust:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":295853,"text":"By substantial compliance with a method provided in the terms of the trust; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":295854,"text":"If the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence of the settlor’s intent.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"8":{"id":295855,"text":"Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"9":{"id":295856,"text":"A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes such action except to the extent expressly prohibited by the terms of the trust.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":295857,"text":"A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only (i) to the extent expressly authorized by the terms of the trust or (ii) if authorized by the court supervising the conservatorship or guardianship for good cause shown.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":295858,"text":"A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12999,"edition_id":1,"name":"Revocable Trusts","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":274399,"object_type":"structure","relational_id":12999,"identifier":"6","token":"64.2\/III\/7\/6","url":"\/64.2\/III\/7\/6\/","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":75356,"structure_id":12999,"section_number":"64.2-750","catch_line":"Capacity of settlor of revocable trust","url":"\/64.2-750\/","token":"64.2\/III\/7\/6\/64.2-750","metadata":false},{"id":82573,"structure_id":12999,"section_number":"64.2-751","catch_line":"Revocation or amendment of revocable trust","url":"\/64.2-751\/","token":"64.2\/III\/7\/6\/64.2-751","metadata":false},{"id":54075,"structure_id":12999,"section_number":"64.2-752","catch_line":"Settlor's powers; powers of withdrawal","url":"\/64.2-752\/","token":"64.2\/III\/7\/6\/64.2-752","metadata":false},{"id":72187,"structure_id":12999,"section_number":"64.2-753","catch_line":"Limitation on action contesting validity of revocable trust; distribution of trust property","url":"\/64.2-753\/","token":"64.2\/III\/7\/6\/64.2-753","metadata":false}],"previous_section":{"id":75356,"structure_id":12999,"section_number":"64.2-750","catch_line":"Capacity of settlor of revocable trust","url":"\/64.2-750\/","token":"64.2\/III\/7\/6\/64.2-750","metadata":false},"next_section":{"id":54075,"structure_id":12999,"section_number":"64.2-752","catch_line":"Settlor's powers; powers of withdrawal","url":"\/64.2-752\/","token":"64.2\/III\/7\/6\/64.2-752","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-751\/","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":[{"id":87339,"section_number":"64.2-714","catch_line":"Representation; basic effect","order_by":null,"url":"\/64.2-714\/"}],"refers_to":[{"id":59902,"section_number":"64.2-1612","catch_line":"Agent's duties","order_by":null,"url":"\/64.2-1612\/"}],"permalink":{"id":274405,"object_type":"law","relational_id":82573,"identifier":"64.2-751","token":"64.2\/III\/7\/6\/64.2-751","url":"\/64.2-751\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-751\/","token":"64.2\/III\/7\/6\/64.2-751","dublin_core":{"Title":"Revocation or amendment of revocable trust","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-751","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend<\/span> the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2006. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a revocable trust is created or funded by more than one settlor: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To the extent the trust consists of community property<\/span>, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To the extent the trust consists of property<\/span> other than community property<\/span>, each settlor may revoke or amend<\/span> the trust with regard to the portion of the trust property<\/span> attributable to that settlor’s contribution; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon the revocation<\/span> or amendment of the trust by fewer than all of the settlors, the trustee<\/span> shall promptly notify the other settlors of the revocation<\/span> or amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The settlor may revoke or amend<\/span> a revocable trust: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By substantial compliance with a method provided in the terms of the trust; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence<\/span> of the settlor’s intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon revocation<\/span> of a revocable trust, the trustee<\/span> shall deliver the trust property<\/span> as the settlor directs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A settlor’s powers with respect to revocation<\/span>, amendment, or distribution of trust property<\/span> may be exercised by an agent, acting in accordance with § 64.2-1612<\/a>, under a power of attorney<\/span> that expressly authorizes such action except to the extent expressly prohibited by the terms of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A conservator<\/span> of the settlor or, if no conservator<\/span> has been appointed, a guardian<\/span> of the settlor may exercise a settlor’s powers with respect to revocation<\/span>, amendment, or distribution of trust property<\/span> only (i) to the extent expressly authorized by the terms of the trust or (ii) if authorized by the court<\/span> supervising the conservatorship or guardianship for good cause shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A trustee<\/span> who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OR AMENDMENT OF REVOCABLE TRUST (\u00a7 64.2-751)\n\nA. Unless the terms of a trust expressly provide that the trust is irrevocable,\nthe settlor may revoke or amend the trust. This subsection does not apply to a\ntrust created under an instrument executed before July 1, 2006.\n\nB. If a revocable trust is created or funded by more than one settlor:\n\n 1. To the extent the trust consists of community property, the trust may be\n revoked by either spouse acting alone but may be amended only by joint action\n of both spouses;\n\n 2. To the extent the trust consists of property other than community property,\n each settlor may revoke or amend the trust with regard to the portion of the\n trust property attributable to that settlor’s contribution; and\n\n 3. Upon the revocation or amendment of the trust by fewer than all of the\n settlors, the trustee shall promptly notify the other settlors of the\n revocation or amendment.\n\nC. The settlor may revoke or amend a revocable trust:\n\n 1. By substantial compliance with a method provided in the terms of the trust;\n or\n\n 2. If the terms of the trust do not provide a method, by any method\n manifesting clear and convincing evidence of the settlor’s intent.\n\nD. Upon revocation of a revocable trust, the trustee shall deliver the trust\nproperty as the settlor directs.\n\nE. A settlor’s powers with respect to revocation, amendment, or\ndistribution of trust property may be exercised by an agent, acting in\naccordance with § 64.2-1612, under a power of attorney that expressly\nauthorizes such action except to the extent expressly prohibited by the terms of\nthe trust.\n\nF. A conservator of the settlor or, if no conservator has been appointed, a\nguardian of the settlor may exercise a settlor’s powers with respect to\nrevocation, amendment, or distribution of trust property only (i) to the extent\nexpressly authorized by the terms of the trust or (ii) if authorized by the\ncourt supervising the conservatorship or guardianship for good cause shown.\n\nG. A trustee who does not know that a trust has been revoked or amended is not\nliable to the settlor or settlor’s successors in interest for\ndistributions made and other actions taken on the assumption that the trust had\nnot been amended or revoked.\n\nHISTORY: 2005, c. 935, \u00a7 55-546.02; 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}}