{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-759.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-759.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-759.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-759.html"}],"law_id":66828,"edition_id":1,"section_id":66828,"structure_id":12788,"section_number":"64.2-759","catch_line":"Removal of trustee","history":"2005, c. 935, \u00a7 55-547.06; 2012, c. 614.","full_text":"A\n\nThe settlor, a cotrustee, or a beneficiary, or, in the case of a charitable trust, the Attorney General may petition the court to remove a trustee, or a trustee may be removed by the court on its own initiative.B\n\nThe court may remove a trustee if:1\n\nThe trustee has committed a serious breach of trust;2\n\nLack of cooperation among cotrustees substantially impairs the administration of the trust;3\n\nBecause of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or4\n\nThere has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.C\n\nPending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection B of § 64.2-792 as may be necessary to protect the trust property or the interests of the beneficiaries.","order_by":null,"text":{"0":{"id":242330,"text":"The settlor, a cotrustee, or a beneficiary, or, in the case of a charitable trust, the Attorney General may petition the court to remove a trustee, or a trustee may be removed by the court on its own initiative.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242331,"text":"The court may remove a trustee if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":242332,"text":"The trustee has committed a serious breach of trust;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":242333,"text":"Lack of cooperation among cotrustees substantially impairs the administration of the trust;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":242334,"text":"Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":242335,"text":"There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":242336,"text":"Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection B of § 64.2-792 as may be necessary to protect the trust property or the interests of the beneficiaries.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-759\/","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":55343,"section_number":"64.2-779.38","catch_line":"Office of trust director","order_by":null,"url":"\/64.2-779.38\/"},{"id":84224,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","order_by":null,"url":"\/64.2-792\/"}],"refers_to":[{"id":84224,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","order_by":null,"url":"\/64.2-792\/"}],"permalink":{"id":274439,"object_type":"law","relational_id":66828,"identifier":"64.2-759","token":"64.2\/III\/7\/7\/64.2-759","url":"\/64.2-759\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-759\/","token":"64.2\/III\/7\/7\/64.2-759","dublin_core":{"Title":"Removal of trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-759","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The settlor, a cotrustee, or a beneficiary<\/span>, or, in the case of a charitable trust<\/span>, the Attorney General<\/span> may petition<\/span> the court<\/span> to remove a trustee<\/span>, or a trustee<\/span> may be removed by the court<\/span> on its own initiative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may remove a trustee<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The trustee<\/span> has committed a serious breach of trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Lack of cooperation among cotrustees substantially impairs the administration of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Because of unfitness, unwillingness, or persistent failure of the trustee<\/span> to administer the trust effectively, the court<\/span> determines that removal of the trustee<\/span> best serves the interests of the beneficiaries<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court<\/span> finds that removal of the trustee<\/span> best serves the interests of all of the beneficiaries and is not inconsistent with a material<\/span> purpose of the trust, and a suitable cotrustee or successor trustee<\/span> is available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Pending a final decision on a request to remove a trustee<\/span>, or in lieu of or in addition to removing a trustee<\/span>, the court<\/span> may order<\/span> such appropriate relief under subsection B of § 64.2-792<\/a> as may be necessary to protect the trust property<\/span> or the interests of the beneficiaries<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMOVAL OF TRUSTEE (\u00a7 64.2-759)\n\nA. The settlor, a cotrustee, or a beneficiary, or, in the case of a charitable\ntrust, the Attorney General may petition the court to remove a trustee, or a\ntrustee may be removed by the court on its own initiative.\n\nB. The court may remove a trustee if:\n\n 1. The trustee has committed a serious breach of trust;\n\n 2. Lack of cooperation among cotrustees substantially impairs the\n administration of the trust;\n\n 3. Because of unfitness, unwillingness, or persistent failure of the trustee\n to administer the trust effectively, the court determines that removal of the\n trustee best serves the interests of the beneficiaries; or\n\n 4. There has been a substantial change of circumstances or removal is\n requested by all of the qualified beneficiaries, the court finds that removal\n of the trustee best serves the interests of all of the beneficiaries and is\n not inconsistent with a material purpose of the trust, and a suitable\n cotrustee or successor trustee is available.\n\nC. Pending a final decision on a request to remove a trustee, or in lieu of or\nin addition to removing a trustee, the court may order such appropriate relief\nunder subsection B of § 64.2-792 as may be necessary to protect the trust\nproperty or the interests of the beneficiaries.\n\nHISTORY: 2005, c. 935, \u00a7 55-547.06; 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}}