{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-756.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-756.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-756.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-756.html"}],"law_id":61636,"edition_id":1,"section_id":61636,"structure_id":12788,"section_number":"64.2-756","catch_line":"Cotrustees","history":"2005, c. 935, \u00a7 55-547.03; 2012, c. 614; 2020, c. 768.","full_text":"A\n\nCotrustees who are unable to reach a unanimous decision may act by majority decision.B\n\nIf a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.C\n\nSubject to subsection I, a cotrustee shall participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity, or the cotrustee has properly delegated the performance of the function to another trustee.D\n\nIf a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.E\n\nA trustee may delegate to a cotrustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.F\n\nExcept as otherwise provided in subsection G, a trustee who does not join in an action of another trustee is not liable for the action.G\n\nSubject to subsection I, each trustee shall exercise reasonable care to:1\n\nPrevent a cotrustee from committing a serious breach of trust; and2\n\nCompel a cotrustee to redress a serious breach of trust.H\n\nA dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.I\n\nThe terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director’s power of direction under §§ 64.2-779.32, 64.2-779.33, and 64.2-779.34.","order_by":null,"text":{"0":{"id":225017,"text":"Cotrustees who are unable to reach a unanimous decision may act by majority decision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225018,"text":"If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225019,"text":"Subject to subsection I, a cotrustee shall participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity, or the cotrustee has properly delegated the performance of the function to another trustee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225020,"text":"If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":225021,"text":"A trustee may delegate to a cotrustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":225022,"text":"Except as otherwise provided in subsection G, a trustee who does not join in an action of another trustee is not liable for the action.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":225023,"text":"Subject to subsection I, each trustee shall exercise reasonable care to:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":225024,"text":"Prevent a cotrustee from committing a serious breach of trust; and","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":225025,"text":"Compel a cotrustee to redress a serious breach of trust.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"9":{"id":225026,"text":"A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"10":{"id":225027,"text":"The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director’s power of direction under §§ 64.2-779.32, 64.2-779.33, and 64.2-779.34.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12788,"edition_id":1,"name":"Office of Trustee","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":274417,"object_type":"structure","relational_id":12788,"identifier":"7","token":"64.2\/III\/7\/7","url":"\/64.2\/III\/7\/7\/","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":53964,"structure_id":12788,"section_number":"64.2-754","catch_line":"Accepting or declining trusteeship","url":"\/64.2-754\/","token":"64.2\/III\/7\/7\/64.2-754","metadata":false},{"id":63666,"structure_id":12788,"section_number":"64.2-755","catch_line":"Trustee's bond","url":"\/64.2-755\/","token":"64.2\/III\/7\/7\/64.2-755","metadata":false},{"id":61636,"structure_id":12788,"section_number":"64.2-756","catch_line":"Cotrustees","url":"\/64.2-756\/","token":"64.2\/III\/7\/7\/64.2-756","metadata":false},{"id":66102,"structure_id":12788,"section_number":"64.2-757","catch_line":"Vacancy in trusteeship; appointment of successor","url":"\/64.2-757\/","token":"64.2\/III\/7\/7\/64.2-757","metadata":false},{"id":78220,"structure_id":12788,"section_number":"64.2-758","catch_line":"Resignation of trustee","url":"\/64.2-758\/","token":"64.2\/III\/7\/7\/64.2-758","metadata":false},{"id":66828,"structure_id":12788,"section_number":"64.2-759","catch_line":"Removal of trustee","url":"\/64.2-759\/","token":"64.2\/III\/7\/7\/64.2-759","metadata":false},{"id":57985,"structure_id":12788,"section_number":"64.2-760","catch_line":"Delivery of property by former trustee","url":"\/64.2-760\/","token":"64.2\/III\/7\/7\/64.2-760","metadata":false},{"id":71429,"structure_id":12788,"section_number":"64.2-761","catch_line":"Compensation of trustee","url":"\/64.2-761\/","token":"64.2\/III\/7\/7\/64.2-761","metadata":false},{"id":63727,"structure_id":12788,"section_number":"64.2-762","catch_line":"Reimbursement of expenses","url":"\/64.2-762\/","token":"64.2\/III\/7\/7\/64.2-762","metadata":false}],"previous_section":{"id":63666,"structure_id":12788,"section_number":"64.2-755","catch_line":"Trustee's bond","url":"\/64.2-755\/","token":"64.2\/III\/7\/7\/64.2-755","metadata":false},"next_section":{"id":66102,"structure_id":12788,"section_number":"64.2-757","catch_line":"Vacancy in trusteeship; appointment of successor","url":"\/64.2-757\/","token":"64.2\/III\/7\/7\/64.2-757","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-756\/","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 2012, chapter 614<\/a>; in 2020, chapter 768<\/a>.<\/p>","references":[{"id":86944,"section_number":"64.2-703","catch_line":"Default and mandatory rules","order_by":null,"url":"\/64.2-703\/"}],"refers_to":[{"id":60365,"section_number":"64.2-779.32","catch_line":"Duty and liability of directed trustee","order_by":null,"url":"\/64.2-779.32\/"},{"id":82273,"section_number":"64.2-779.33","catch_line":"Duty to provide information to trust director or trustee","order_by":null,"url":"\/64.2-779.33\/"},{"id":56442,"section_number":"64.2-779.34","catch_line":"No duty to monitor, inform, or advise","order_by":null,"url":"\/64.2-779.34\/"}],"permalink":{"id":274427,"object_type":"law","relational_id":61636,"identifier":"64.2-756","token":"64.2\/III\/7\/7\/64.2-756","url":"\/64.2-756\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-756\/","token":"64.2\/III\/7\/7\/64.2-756","dublin_core":{"Title":"Cotrustees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-756","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Cotrustees who are unable to reach a unanimous decision may act by majority decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to subsection I, a cotrustee shall participate in the performance of a trustee<\/span>’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law<\/span>, or other temporary incapacity, or the cotrustee has properly delegated the performance of the function to another trustee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law<\/span>, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property<\/span>, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A trustee<\/span> may delegate to a cotrustee the performance of any function other than a function that the terms of the trust expressly require to be performed by the trustees<\/span> jointly. Unless a delegation was irrevocable, a trustee<\/span> may revoke a delegation previously made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except as otherwise provided in subsection G, a trustee<\/span> who does not join in an action of another trustee<\/span> is not liable for the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Subject to subsection I, each trustee<\/span> shall exercise reasonable care to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prevent a cotrustee from committing a serious breach of trust; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Compel a cotrustee to redress a serious breach of trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A dissenting trustee<\/span> who joins in an action at the direction of the majority of the trustees<\/span> and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee’s exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee<\/span> is relieved from duty and liability with respect to a trust director<\/span>’s power of direction<\/span> under §§ 64.2-779.32<\/a>, 64.2-779.33<\/a>, and 64.2-779.34<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOTRUSTEES (\u00a7 64.2-756)\n\nA. Cotrustees who are unable to reach a unanimous decision may act by majority\ndecision.\n\nB. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for\nthe trust.\n\nC. Subject to subsection I, a cotrustee shall participate in the performance of\na trustee’s function unless the cotrustee is unavailable to perform the\nfunction because of absence, illness, disqualification under other law, or other\ntemporary incapacity, or the cotrustee has properly delegated the performance of\nthe function to another trustee.\n\nD. If a cotrustee is unavailable to perform duties because of absence, illness,\ndisqualification under other law, or other temporary incapacity, and prompt\naction is necessary to achieve the purposes of the trust or to avoid injury to\nthe trust property, the remaining cotrustee or a majority of the remaining\ncotrustees may act for the trust.\n\nE. A trustee may delegate to a cotrustee the performance of any function other\nthan a function that the terms of the trust expressly require to be performed by\nthe trustees jointly. Unless a delegation was irrevocable, a trustee may revoke\na delegation previously made.\n\nF. Except as otherwise provided in subsection G, a trustee who does not join in\nan action of another trustee is not liable for the action.\n\nG. Subject to subsection I, each trustee shall exercise reasonable care to:\n\n 1. Prevent a cotrustee from committing a serious breach of trust; and\n\n 2. Compel a cotrustee to redress a serious breach of trust.\n\nH. A dissenting trustee who joins in an action at the direction of the majority\nof the trustees and who notified any cotrustee of the dissent at or before the\ntime of the action is not liable for the action unless the action is a serious\nbreach of trust.\n\nI. The terms of a trust may relieve a cotrustee from duty and liability with\nrespect to another cotrustee’s exercise or nonexercise of a power of the\nother cotrustee to the same extent that in a directed trust a directed trustee\nis relieved from duty and liability with respect to a trust director’s\npower of direction under §§ 64.2-779.32, 64.2-779.33, and 64.2-779.34.\n\nHISTORY: 2005, c. 935, \u00a7 55-547.03; 2012, c. 614; 2020, c. 768.","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}}