{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-778.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-778.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-778.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-778.html"}],"law_id":71830,"edition_id":1,"section_id":71830,"structure_id":12989,"section_number":"64.2-778","catch_line":"Specific powers of trustee","history":"2005, c. 935, \u00a7 55-548.16; 2012, c. 614; 2025, c. 165.","full_text":"A\n\nWithout limiting the authority conferred by \u00a7 64.2-777, a trustee may:1\n\nCollect trust property and accept or reject additions to the trust property from a settlor or any other person;2\n\nAcquire or sell property, for cash or on credit, at public or private sale;3\n\nExchange, partition, or otherwise change the character of trust property;4\n\nDeposit trust money in an account in a regulated financial service institution;5\n\nBorrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;6\n\nWith respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;7\n\nWith respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:\n\t\t\t\ta. Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;\n\t\t\t\tb. Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;\n\t\t\t\tc. Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights;\n\t\t\t\td. Deposit the securities with a depository or other regulated financial service institution; and\n\t\t\t\te. Consent directly or through a committee or other agent to the merger, consolidation, reorganization, readjustment of capital or financial structure, lease, sale, dissolution, or liquidation of a business enterprise and elect whether to participate as a member of a class in any litigation involving securities;8\n\nWith respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, make or vacate plats and adjust boundaries, and make contracts, licenses, leases, conveyances, or grants of every nature and kind with respect to crops, gravel, sand, oil, gas, timber and forest products, other usufruct rights, or natural resources, and other benefits or incidents of the real property;9\n\nEnter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;10\n\nGrant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;11\n\nInsure the property of the trust against damage or loss and insure the trustee, the trustee’s agents, and beneficiaries against liability arising from the administration of the trust;12\n\nAbandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;13\n\nWith respect to possible liability for violation of environmental law:\n\t\t\t\ta. Inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;\n\t\t\t\tb. Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;\n\t\t\t\tc. Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;\n\t\t\t\td. Compromise claims against the trust that may be asserted for an alleged violation of environmental law; and\n\t\t\t\te. Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;14\n\nPay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;15\n\nPay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;16\n\nExercise elections with respect to federal, state, and local taxes, including considering discretionary distributions to a beneficiary as being made from capital gains realized during the year;17\n\nSelect a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;18\n\nMake loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans;19\n\nPledge trust property to guarantee loans made:\n\t\t\t\ta. By others to the beneficiary; or\n\t\t\t\tb. To any proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary has a direct or an indirect ownership interest;20\n\nGuarantee loans made to any:\n\t\t\t\ta. Beneficiary; or\n\t\t\t\tb. Proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary has a direct or an indirect ownership interest;21\n\nAppoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;22\n\nPay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary’s benefit, or by:\n\t\t\t\ta. Paying it to the beneficiary’s conservator or, if the beneficiary does not have a conservator, the beneficiary’s guardian;\n\t\t\t\tb. Paying it to the beneficiary’s custodian under the Uniform Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that purpose, creating a custodianship or custodial trust;\n\t\t\t\tc. If the trustee does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary’s behalf; or\n\t\t\t\td. Managing it as a separate fund on the beneficiary’s behalf, subject to the beneficiary’s continuing right to withdraw the distribution;23\n\nOn distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation, and may distribute trust property in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests;24\n\nResolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;25\n\nProsecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee’s duties;26\n\nSign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee’s powers;27\n\nOn termination of the trust, exercise all of the powers otherwise exercisable by the trustee during the administration of the trust, including, without limitation, investment powers, the power to sell assets, the powers pursuant to subdivision 23, and any additional powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; and28\n\nForm a corporation or other entity and transfer, assign, and convey to such corporation or entity all or part of the trust property in exchange for stock, securities, or obligations of such corporation or entity, and continue to hold such stock and securities and obligations.B\n\nAny reference in a trust instrument incorporating the powers authorized under § 64.2-105 shall not be construed to limit powers a trustee may exercise pursuant to this section, unless the settlor expressly states in the trust instrument that such reference should be so construed.","order_by":null,"text":{"0":{"id":258780,"text":"Without limiting the authority conferred by \u00a7 64.2-777, a trustee may:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258781,"text":"Collect trust property and accept or reject additions to the trust property from a settlor or any other person;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258782,"text":"Acquire or sell property, for cash or on credit, at public or private sale;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":258783,"text":"Exchange, partition, or otherwise change the character of trust property;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":258784,"text":"Deposit trust money in an account in a regulated financial service institution;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":258785,"text":"Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":258786,"text":"With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":258787,"text":"With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:\n\t\t\t\ta. Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;\n\t\t\t\tb. Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;\n\t\t\t\tc. Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights;\n\t\t\t\td. Deposit the securities with a depository or other regulated financial service institution; and\n\t\t\t\te. Consent directly or through a committee or other agent to the merger, consolidation, reorganization, readjustment of capital or financial structure, lease, sale, dissolution, or liquidation of a business enterprise and elect whether to participate as a member of a class in any litigation involving securities;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":258788,"text":"With respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, make or vacate plats and adjust boundaries, and make contracts, licenses, leases, conveyances, or grants of every nature and kind with respect to crops, gravel, sand, oil, gas, timber and forest products, other usufruct rights, or natural resources, and other benefits or incidents of the real property;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":258789,"text":"Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":258790,"text":"Grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":258791,"text":"Insure the property of the trust against damage or loss and insure the trustee, the trustee’s agents, and beneficiaries against liability arising from the administration of the trust;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":258792,"text":"Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":258793,"text":"With respect to possible liability for violation of environmental law:\n\t\t\t\ta. Inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;\n\t\t\t\tb. Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;\n\t\t\t\tc. Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;\n\t\t\t\td. Compromise claims against the trust that may be asserted for an alleged violation of environmental law; and\n\t\t\t\te. Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":258794,"text":"Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":258795,"text":"Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":258796,"text":"Exercise elections with respect to federal, state, and local taxes, including considering discretionary distributions to a beneficiary as being made from capital gains realized during the year;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":258797,"text":"Select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":258798,"text":"Make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans;","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":258799,"text":"Pledge trust property to guarantee loans made:\n\t\t\t\ta. By others to the beneficiary; or\n\t\t\t\tb. To any proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary has a direct or an indirect ownership interest;","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":258800,"text":"Guarantee loans made to any:\n\t\t\t\ta. Beneficiary; or\n\t\t\t\tb. Proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary has a direct or an indirect ownership interest;","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":258801,"text":"Appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":258802,"text":"Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary’s benefit, or by:\n\t\t\t\ta. Paying it to the beneficiary’s conservator or, if the beneficiary does not have a conservator, the beneficiary’s guardian;\n\t\t\t\tb. Paying it to the beneficiary’s custodian under the Uniform Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that purpose, creating a custodianship or custodial trust;\n\t\t\t\tc. If the trustee does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary’s behalf; or\n\t\t\t\td. Managing it as a separate fund on the beneficiary’s behalf, subject to the beneficiary’s continuing right to withdraw the distribution;","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"A23"},"23":{"id":258803,"text":"On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation, and may distribute trust property in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests;","type":"section","prefixes":["A","23"],"prefix":"23","entire_prefix":"A23","prefix_anchor":"A23","level":2,"prior_prefix":"A22","next_prefix":"A24"},"24":{"id":258804,"text":"Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;","type":"section","prefixes":["A","24"],"prefix":"24","entire_prefix":"A24","prefix_anchor":"A24","level":2,"prior_prefix":"A23","next_prefix":"A25"},"25":{"id":258805,"text":"Prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee’s duties;","type":"section","prefixes":["A","25"],"prefix":"25","entire_prefix":"A25","prefix_anchor":"A25","level":2,"prior_prefix":"A24","next_prefix":"A26"},"26":{"id":258806,"text":"Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee’s powers;","type":"section","prefixes":["A","26"],"prefix":"26","entire_prefix":"A26","prefix_anchor":"A26","level":2,"prior_prefix":"A25","next_prefix":"A27"},"27":{"id":258807,"text":"On termination of the trust, exercise all of the powers otherwise exercisable by the trustee during the administration of the trust, including, without limitation, investment powers, the power to sell assets, the powers pursuant to subdivision 23, and any additional powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; and","type":"section","prefixes":["A","27"],"prefix":"27","entire_prefix":"A27","prefix_anchor":"A27","level":2,"prior_prefix":"A26","next_prefix":"A28"},"28":{"id":258808,"text":"Form a corporation or other entity and transfer, assign, and convey to such corporation or entity all or part of the trust property in exchange for stock, securities, or obligations of such corporation or entity, and continue to hold such stock and securities and obligations.","type":"section","prefixes":["A","28"],"prefix":"28","entire_prefix":"A28","prefix_anchor":"A28","level":2,"prior_prefix":"A27","next_prefix":"B"},"29":{"id":258809,"text":"Any reference in a trust instrument incorporating the powers authorized under § 64.2-105 shall not be construed to limit powers a trustee may exercise pursuant to this section, unless the settlor expressly states in the trust instrument that such reference should be so construed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A28"}},"ancestry":[{"id":12989,"edition_id":1,"name":"Duties and Powers of Trustee","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":274455,"object_type":"structure","relational_id":12989,"identifier":"8","token":"64.2\/III\/7\/8","url":"\/64.2\/III\/7\/8\/","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 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trustee","url":"\/64.2-777\/","token":"64.2\/III\/7\/8\/64.2-777","metadata":false},"next_section":{"id":64838,"structure_id":12989,"section_number":"64.2-778.1","catch_line":"Repealed","url":"\/64.2-778.1\/","token":"64.2\/III\/7\/8\/64.2-778.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-778\/","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 2025, chapter 165<\/a>.<\/p>","references":false,"refers_to":[{"id":79409,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","order_by":null,"url":"\/64.2-105\/"},{"id":65466,"section_number":"64.2-1900","catch_line":"Definitions","order_by":null,"url":"\/64.2-1900\/"},{"id":71035,"section_number":"64.2-777","catch_line":"General powers of trustee","order_by":null,"url":"\/64.2-777\/"},{"id":66999,"section_number":"64.2-900","catch_line":"Definitions","order_by":null,"url":"\/64.2-900\/"}],"permalink":{"id":274517,"object_type":"law","relational_id":71830,"identifier":"64.2-778","token":"64.2\/III\/7\/8\/64.2-778","url":"\/64.2-778\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-778\/","token":"64.2\/III\/7\/8\/64.2-778","dublin_core":{"Title":"Specific powers of trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-778","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Without limiting the authority conferred by \u00a7 64.2-777<\/a>, a trustee<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Collect trust property<\/span> and accept or reject additions to the trust property<\/span> from a settlor or any other person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Acquire or sell property<\/span>, for cash or on credit, at public or private sale; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Exchange, partition<\/span>, or otherwise change the character of trust property<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Deposit trust money in an account in a regulated financial service institution; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Borrow money, with or without security, and mortgage or pledge trust property<\/span> for a period within or extending beyond the duration of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property<\/span> owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:\n\t\t\t\ta. Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;\n\t\t\t\tb. Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;\n\t\t\t\tc. Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights;\n\t\t\t\td. Deposit the securities with a depository or other regulated financial service institution; and\n\t\t\t\te. Consent directly or through a committee or other agent to the merger, consolidation<\/span>, reorganization, readjustment of capital or financial structure, lease, sale, dissolution, or liquidation<\/span> of a business enterprise and elect whether to participate as a member of a class in any litigation<\/span> involving securities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> With respect to an interest in real property<\/span>, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party<\/span> walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, make or vacate plats and adjust boundaries, and make contracts<\/span>, licenses, leases, conveyances, or grants of every nature and kind with respect to crops, gravel, sand, oil, gas, timber and forest products, other usufruct rights, or natural resources, and other benefits or incidents of the real property<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Grant an option involving a sale, lease, or other disposition<\/span> of trust property<\/span> or acquire an option for the acquisition of property<\/span>, including an option exercisable beyond the duration of the trust, and exercise an option so acquired; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Insure the property<\/span> of the trust against damage or loss and insure the trustee<\/span>, the trustee<\/span>’s agents, and beneficiaries against liability arising from the administration of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Abandon or decline to administer property<\/span> of no value<\/span> or of insufficient value<\/span> to justify its collection or continued administration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> With respect to possible liability for violation of environmental law<\/span>:\n\t\t\t\ta. Inspect or investigate property<\/span> the trustee<\/span> holds or has been asked to hold, or property<\/span> owned or operated by an organization in which the trustee<\/span> holds or has been asked to hold an interest, for the purpose of determining the application of environmental law<\/span> with respect to the property<\/span>;\n\t\t\t\tb. Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law<\/span> affecting property<\/span> held directly or indirectly by the trustee<\/span>, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;\n\t\t\t\tc. Decline to accept property<\/span> into trust or disclaim any power with respect to property<\/span> that is or may be burdened with liability for violation of environmental law<\/span>;\n\t\t\t\td. Compromise claims against the trust that may be asserted for an alleged violation of environmental law<\/span>; and\n\t\t\t\te. Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Pay taxes, assessments, compensation of the trustee<\/span> and of employees and agents of the trust, and other expenses incurred in the administration of the trust; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Exercise elections with respect to federal, state<\/span>, and local taxes, including considering discretionary distributions to a beneficiary<\/span> as being made from capital gains realized during the year; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee<\/span>, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Make loans out of trust property<\/span>, including loans to a beneficiary<\/span> on terms and conditions the trustee<\/span> considers to be fair and reasonable under the circumstances, and the trustee<\/span> has a lien<\/span> on future distributions for repayment of those loans; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Pledge trust property<\/span> to guarantee loans made:\n\t\t\t\ta. By others to the beneficiary<\/span>; or\n\t\t\t\tb. To any proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary<\/span> has a direct or an indirect ownership interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Guarantee loans made to any:\n\t\t\t\ta. Beneficiary<\/span>; or\n\t\t\t\tb. Proprietorship, partnership, limited liability company, business trust, corporation, venture, agricultural operation, or other form of business or enterprise in which the trust or any beneficiary<\/span> has a direct or an indirect ownership interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Appoint a trustee<\/span> to act in another jurisdiction<\/span> with respect to trust property<\/span> located in the other jurisdiction<\/span>, confer upon the appointed trustee<\/span> all of the powers and duties of the appointing trustee<\/span>, require that the appointed trustee<\/span> furnish security, and remove any trustee<\/span> so appointed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Pay an amount distributable to a beneficiary<\/span> who is under a legal disability or who the trustee<\/span> reasonably believes is incapacitated, by paying it directly to the beneficiary<\/span> or applying it for the beneficiary<\/span>’s benefit, or by:\n\t\t\t\ta. Paying it to the beneficiary<\/span>’s conservator<\/span> or, if the beneficiary<\/span> does not have a conservator<\/span>, the beneficiary<\/span>’s guardian<\/span>;\n\t\t\t\tb. Paying it to the beneficiary<\/span>’s custodian under the Uniform Transfers to Minors<\/span> Act (§ 64.2-1900<\/a> et seq.) or custodial trustee<\/span> under the Uniform Custodial Trust Act (§ 64.2-900<\/a> et seq.), and, for that purpose, creating a custodianship or custodial trust;\n\t\t\t\tc. If the trustee<\/span> does not know of a conservator<\/span>, guardian<\/span>, custodian, or custodial trustee<\/span>, paying it to an adult relative or other person<\/span> having legal or physical care or custody<\/span> of the beneficiary<\/span>, to be expended on the beneficiary<\/span>’s behalf; or\n\t\t\t\td. Managing it as a separate fund on the beneficiary<\/span>’s behalf, subject to the beneficiary<\/span>’s continuing right to withdraw the distribution; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> On distribution of trust property<\/span> or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets<\/span> in proportionate or disproportionate shares, value<\/span> the trust property<\/span> for those purposes, and adjust for resulting differences in valuation, and may distribute trust property<\/span> in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> Prosecute<\/span> or defend an action, claim, or judicial proceeding in any jurisdiction<\/span> to protect trust property<\/span> and the trustee<\/span> in the performance of the trustee<\/span>’s duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

26.<\/span> Sign and deliver contracts<\/span> and other instruments that are useful to achieve or facilitate the exercise of the trustee<\/span>’s powers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

27.<\/span> On termination of the trust, exercise all of the powers otherwise exercisable by the trustee<\/span> during the administration of the trust, including, without limitation, investment powers, the power to sell assets<\/span>, the powers pursuant to subdivision 23, and any additional powers appropriate to wind up the administration of the trust and distribute the trust property<\/span> to the persons<\/span> entitled to it; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

28.<\/span> Form a corporation or other entity and transfer, assign, and convey to such corporation or entity all or part of the trust property<\/span> in exchange for stock, securities, or obligations of such corporation or entity, and continue to hold such stock and securities and obligations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any reference in a trust instrument<\/span> incorporating the powers authorized under § 64.2-105<\/a> shall not be construed to limit powers a trustee<\/span> may exercise pursuant to this section, unless the settlor expressly states<\/span> in the trust instrument<\/span> that such reference should be so construed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIFIC POWERS OF TRUSTEE (\u00a7 64.2-778)\n\nA. Without limiting the authority conferred by \u00a7 64.2-777, a trustee may:\n\n 1. Collect trust property and accept or reject additions to the trust property\n from a settlor or any other person;\n\n 2. Acquire or sell property, for cash or on credit, at public or private sale;\n\n 3. Exchange, partition, or otherwise change the character of trust property;\n\n 4. Deposit trust money in an account in a regulated financial service\n institution;\n\n 5. Borrow money, with or without security, and mortgage or pledge trust\n property for a period within or extending beyond the duration of the trust;\n\n 6. With respect to an interest in a proprietorship, partnership, limited\n liability company, business trust, corporation, or other form of business or\n enterprise, continue the business or other enterprise and take any action that\n may be taken by shareholders, members, or property owners, including merging,\n dissolving, or otherwise changing the form of business organization or\n contributing additional capital;\n\n 7. With respect to stocks or other securities, exercise the rights of an\n absolute owner, including the right to:\n \t\t\t\ta. Vote, or give proxies to vote, with or without power of substitution,\n or enter into or continue a voting trust agreement;\n \t\t\t\tb. Hold a security in the name of a nominee or in other form without\n disclosure of the trust so that title may pass by delivery;\n \t\t\t\tc. Pay calls, assessments, and other sums chargeable or accruing against\n the securities, and sell or exercise stock subscription or conversion rights;\n \t\t\t\td. Deposit the securities with a depository or other regulated financial\n service institution; and\n \t\t\t\te. Consent directly or through a committee or other agent to the merger,\n consolidation, reorganization, readjustment of capital or financial structure,\n lease, sale, dissolution, or liquidation of a business enterprise and elect\n whether to participate as a member of a class in any litigation involving\n securities;\n\n 8. With respect to an interest in real property, construct, or make ordinary\n or extraordinary repairs to, alterations to, or improvements in, buildings or\n other structures, demolish improvements, raze existing or erect new party\n walls or buildings, subdivide or develop land, dedicate land to public use or\n grant public or private easements, make or vacate plats and adjust boundaries,\n and make contracts, licenses, leases, conveyances, or grants of every nature\n and kind with respect to crops, gravel, sand, oil, gas, timber and forest\n products, other usufruct rights, or natural resources, and other benefits or\n incidents of the real property;\n\n 9. Enter into a lease for any purpose as lessor or lessee, including a lease\n or other arrangement for exploration and removal of natural resources, with or\n without the option to purchase or renew, for a period within or extending\n beyond the duration of the trust;\n\n 10. Grant an option involving a sale, lease, or other disposition of trust\n property or acquire an option for the acquisition of property, including an\n option exercisable beyond the duration of the trust, and exercise an option so\n acquired;\n\n 11. Insure the property of the trust against damage or loss and insure the\n trustee, the trustee’s agents, and beneficiaries against liability\n arising from the administration of the trust;\n\n 12. Abandon or decline to administer property of no value or of insufficient\n value to justify its collection or continued administration;\n\n 13. With respect to possible liability for violation of environmental law:\n \t\t\t\ta. Inspect or investigate property the trustee holds or has been asked to\n hold, or property owned or operated by an organization in which the trustee\n holds or has been asked to hold an interest, for the purpose of determining\n the application of environmental law with respect to the property;\n \t\t\t\tb. Take action to prevent, abate, or otherwise remedy any actual or\n potential violation of any environmental law affecting property held directly\n or indirectly by the trustee, whether taken before or after the assertion of a\n claim or the initiation of governmental enforcement;\n \t\t\t\tc. Decline to accept property into trust or disclaim any power with\n respect to property that is or may be burdened with liability for violation of\n environmental law;\n \t\t\t\td. Compromise claims against the trust that may be asserted for an alleged\n violation of environmental law; and\n \t\t\t\te. Pay the expense of any inspection, review, abatement, or remedial\n action to comply with environmental law;\n\n 14. Pay or contest any claim, settle a claim by or against the trust, and\n release, in whole or in part, a claim belonging to the trust;\n\n 15. Pay taxes, assessments, compensation of the trustee and of employees and\n agents of the trust, and other expenses incurred in the administration of the\n trust;\n\n 16. Exercise elections with respect to federal, state, and local taxes,\n including considering discretionary distributions to a beneficiary as being\n made from capital gains realized during the year;\n\n 17. Select a mode of payment under any employee benefit or retirement plan,\n annuity, or life insurance payable to the trustee, exercise rights thereunder,\n including exercise of the right to indemnification for expenses and against\n liabilities, and take appropriate action to collect the proceeds;\n\n 18. Make loans out of trust property, including loans to a beneficiary on\n terms and conditions the trustee considers to be fair and reasonable under the\n circumstances, and the trustee has a lien on future distributions for\n repayment of those loans;\n\n 19. Pledge trust property to guarantee loans made:\n \t\t\t\ta. By others to the beneficiary; or\n \t\t\t\tb. To any proprietorship, partnership, limited liability company, business\n trust, corporation, venture, agricultural operation, or other form of business\n or enterprise in which the trust or any beneficiary has a direct or an\n indirect ownership interest;\n\n 20. Guarantee loans made to any:\n \t\t\t\ta. Beneficiary; or\n \t\t\t\tb. Proprietorship, partnership, limited liability company, business trust,\n corporation, venture, agricultural operation, or other form of business or\n enterprise in which the trust or any beneficiary has a direct or an indirect\n ownership interest;\n\n 21. Appoint a trustee to act in another jurisdiction with respect to trust\n property located in the other jurisdiction, confer upon the appointed trustee\n all of the powers and duties of the appointing trustee, require that the\n appointed trustee furnish security, and remove any trustee so appointed;\n\n 22. Pay an amount distributable to a beneficiary who is under a legal\n disability or who the trustee reasonably believes is incapacitated, by paying\n it directly to the beneficiary or applying it for the beneficiary’s\n benefit, or by:\n \t\t\t\ta. Paying it to the beneficiary’s conservator or, if the beneficiary\n does not have a conservator, the beneficiary’s guardian;\n \t\t\t\tb. Paying it to the beneficiary’s custodian under the Uniform\n Transfers to Minors Act (§ 64.2-1900 et seq.) or custodial trustee under\n the Uniform Custodial Trust Act (§ 64.2-900 et seq.), and, for that\n purpose, creating a custodianship or custodial trust;\n \t\t\t\tc. If the trustee does not know of a conservator, guardian, custodian, or\n custodial trustee, paying it to an adult relative or other person having legal\n or physical care or custody of the beneficiary, to be expended on the\n beneficiary’s behalf; or\n \t\t\t\td. Managing it as a separate fund on the beneficiary’s behalf,\n subject to the beneficiary’s continuing right to withdraw the\n distribution;\n\n 23. On distribution of trust property or the division or termination of a\n trust, make distributions in divided or undivided interests, allocate\n particular assets in proportionate or disproportionate shares, value the trust\n property for those purposes, and adjust for resulting differences in\n valuation, and may distribute trust property in kind or in cash, or partially\n in kind and partially in cash, in divided or undivided interests;\n\n 24. Resolve a dispute concerning the interpretation of the trust or its\n administration by mediation, arbitration, or other procedure for alternative\n dispute resolution;\n\n 25. Prosecute or defend an action, claim, or judicial proceeding in any\n jurisdiction to protect trust property and the trustee in the performance of\n the trustee’s duties;\n\n 26. Sign and deliver contracts and other instruments that are useful to\n achieve or facilitate the exercise of the trustee’s powers;\n\n 27. On termination of the trust, exercise all of the powers otherwise\n exercisable by the trustee during the administration of the trust, including,\n without limitation, investment powers, the power to sell assets, the powers\n pursuant to subdivision 23, and any additional powers appropriate to wind up\n the administration of the trust and distribute the trust property to the\n persons entitled to it; and\n\n 28. Form a corporation or other entity and transfer, assign, and convey to\n such corporation or entity all or part of the trust property in exchange for\n stock, securities, or obligations of such corporation or entity, and continue\n to hold such stock and securities and obligations.\n\nB. Any reference in a trust instrument incorporating the powers authorized under\n§ 64.2-105 shall not be construed to limit powers a trustee may exercise\npursuant to this section, unless the settlor expressly states in the trust\ninstrument that such reference should be so construed.\n\nHISTORY: 2005, c. 935, \u00a7 55-548.16; 2012, c. 614; 2025, c. 165.","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}}