{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.23.html"}],"law_id":83453,"edition_id":1,"section_id":83453,"structure_id":13034,"section_number":"64.2-779.23","catch_line":"Later-discovered property","history":"2017, c. 592.","full_text":"A\n\nExcept as otherwise provided in subsection C, if exercise of the decanting power was intended to distribute all the income or principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.B\n\nExcept as otherwise provided in subsection C, if exercise of the decanting power was intended to distribute less than all the income or principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.C\n\nAn authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.","order_by":null,"text":{"0":{"id":299031,"text":"Except as otherwise provided in subsection C, if exercise of the decanting power was intended to distribute all the income or principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299032,"text":"Except as otherwise provided in subsection C, if exercise of the decanting power was intended to distribute less than all the income or principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299033,"text":"An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13034,"edition_id":1,"name":"Uniform Trust Decanting Act","identifier":"8.1","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":274529,"object_type":"structure","relational_id":13034,"identifier":"8.1","token":"64.2\/III\/7\/8.1","url":"\/64.2\/III\/7\/8.1\/","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":69107,"structure_id":13034,"section_number":"64.2-779.1","catch_line":"Scope","url":"\/64.2-779.1\/","token":"64.2\/III\/7\/8.1\/64.2-779.1","metadata":false},{"id":60630,"structure_id":13034,"section_number":"64.2-779.10","catch_line":"Trust for beneficiary with disability","url":"\/64.2-779.10\/","token":"64.2\/III\/7\/8.1\/64.2-779.10","metadata":false},{"id":76498,"structure_id":13034,"section_number":"64.2-779.11","catch_line":"Protection of charitable interest","url":"\/64.2-779.11\/","token":"64.2\/III\/7\/8.1\/64.2-779.11","metadata":false},{"id":56684,"structure_id":13034,"section_number":"64.2-779.12","catch_line":"Trust limitation on decanting","url":"\/64.2-779.12\/","token":"64.2\/III\/7\/8.1\/64.2-779.12","metadata":false},{"id":70803,"structure_id":13034,"section_number":"64.2-779.13","catch_line":"Change in compensation","url":"\/64.2-779.13\/","token":"64.2\/III\/7\/8.1\/64.2-779.13","metadata":false},{"id":78277,"structure_id":13034,"section_number":"64.2-779.14","catch_line":"Relief from liability and indemnification","url":"\/64.2-779.14\/","token":"64.2\/III\/7\/8.1\/64.2-779.14","metadata":false},{"id":57442,"structure_id":13034,"section_number":"64.2-779.15","catch_line":"Removal or replacement of authorized fiduciary","url":"\/64.2-779.15\/","token":"64.2\/III\/7\/8.1\/64.2-779.15","metadata":false},{"id":55584,"structure_id":13034,"section_number":"64.2-779.16","catch_line":"Tax-related provisions","url":"\/64.2-779.16\/","token":"64.2\/III\/7\/8.1\/64.2-779.16","metadata":false},{"id":80667,"structure_id":13034,"section_number":"64.2-779.17","catch_line":"Duration of second trust","url":"\/64.2-779.17\/","token":"64.2\/III\/7\/8.1\/64.2-779.17","metadata":false},{"id":77406,"structure_id":13034,"section_number":"64.2-779.18","catch_line":"Need to distribute not required","url":"\/64.2-779.18\/","token":"64.2\/III\/7\/8.1\/64.2-779.18","metadata":false},{"id":54098,"structure_id":13034,"section_number":"64.2-779.19","catch_line":"Savings provision","url":"\/64.2-779.19\/","token":"64.2\/III\/7\/8.1\/64.2-779.19","metadata":false},{"id":64836,"structure_id":13034,"section_number":"64.2-779.2","catch_line":"Fiduciary duty","url":"\/64.2-779.2\/","token":"64.2\/III\/7\/8.1\/64.2-779.2","metadata":false},{"id":57900,"structure_id":13034,"section_number":"64.2-779.20","catch_line":"Trust for care of animal","url":"\/64.2-779.20\/","token":"64.2\/III\/7\/8.1\/64.2-779.20","metadata":false},{"id":86754,"structure_id":13034,"section_number":"64.2-779.21","catch_line":"Terms of second 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discretion","url":"\/64.2-779.8\/","token":"64.2\/III\/7\/8.1\/64.2-779.8","metadata":false},{"id":77579,"structure_id":13034,"section_number":"64.2-779.9","catch_line":"Decanting power under limited distributive discretion","url":"\/64.2-779.9\/","token":"64.2\/III\/7\/8.1\/64.2-779.9","metadata":false}],"previous_section":{"id":69578,"structure_id":13034,"section_number":"64.2-779.22","catch_line":"Settlor","url":"\/64.2-779.22\/","token":"64.2\/III\/7\/8.1\/64.2-779.22","metadata":false},"next_section":{"id":85955,"structure_id":13034,"section_number":"64.2-779.24","catch_line":"Obligations","url":"\/64.2-779.24\/","token":"64.2\/III\/7\/8.1\/64.2-779.24","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.23\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 592<\/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.<\/p>","references":false,"refers_to":false,"permalink":{"id":274591,"object_type":"law","relational_id":83453,"identifier":"64.2-779.23","token":"64.2\/III\/7\/8.1\/64.2-779.23","url":"\/64.2-779.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.23\/","token":"64.2\/III\/7\/8.1\/64.2-779.23","dublin_core":{"Title":"Later-discovered property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection C, if exercise of the decanting power<\/span> was intended to distribute all the income or principal of the first trust<\/span> to one or more second trusts<\/span>, later-discovered property<\/span> belonging to the first trust<\/span> and property<\/span> paid to or acquired by the first trust<\/span> after the exercise of the power is part of the trust estate of the second trust<\/span> or trusts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in subsection C, if exercise of the decanting power<\/span> was intended to distribute less than all the income or principal of the first trust<\/span> to one or more second trusts<\/span>, later-discovered property<\/span> belonging to the first trust<\/span> or property<\/span> paid to or acquired by the first trust<\/span> after exercise of the power remains part of the trust estate of the first trust<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An authorized fiduciary<\/span> may provide in an exercise of the decanting power<\/span> or by the terms of a second trust<\/span> for disposition<\/span> of later-discovered property<\/span> belonging to the first trust<\/span> or property<\/span> paid to or acquired by the first trust<\/span> after exercise of the power. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLATER-DISCOVERED PROPERTY (\u00a7 64.2-779.23)\n\nA. Except as otherwise provided in subsection C, if exercise of the decanting\npower was intended to distribute all the income or principal of the first trust\nto one or more second trusts, later-discovered property belonging to the first\ntrust and property paid to or acquired by the first trust after the exercise of\nthe power is part of the trust estate of the second trust or trusts.\n\nB. Except as otherwise provided in subsection C, if exercise of the decanting\npower was intended to distribute less than all the income or principal of the\nfirst trust to one or more second trusts, later-discovered property belonging to\nthe first trust or property paid to or acquired by the first trust after\nexercise of the power remains part of the trust estate of the first trust.\n\nC. An authorized fiduciary may provide in an exercise of the decanting power or\nby the terms of a second trust for disposition of later-discovered property\nbelonging to the first trust or property paid to or acquired by the first trust\nafter exercise of the power.\n\nHISTORY: 2017, c. 592.","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}}