{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.27.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.27.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.27.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.27.html"}],"law_id":64385,"edition_id":1,"section_id":64385,"structure_id":12726,"section_number":"64.2-779.27","catch_line":"Application","history":"2020, c. 768.","full_text":"A\n\nExcept as otherwise provided in subsection B and \u00a7 64.2-779.28, this article applies to a trust that has its principal place of administration in the Commonwealth and that:1\n\nIs created on or after July 1, 2020;2\n\nIs amended by a settlor on or after July 1, 2020;3\n\nIs amended or modified on or after July 1, 2020, by a nonjudicial settlement agreement under § 64.2-709, by a second-trust instrument under the Uniform Trust Decanting Act (§ 64.2-779.1 et seq.), or by the court; or4\n\nIn the case of any trust not described in subdivision A 1, A 2, or A 3, was made subject to subsection E of § 64.2-770, as it existed prior to the effective date of this article, by specific reference in the trust instrument.B\n\nIn the case of a trust described in subdivision A 2 or A 3, this article applies only to a decision or action on or after the date of the first such amendment or modification.C\n\nAny trust, decision, or action to which this article does not apply shall be governed by the following rules:1\n\nIf the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.2\n\nThe terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.3\n\nA person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.","order_by":null,"text":{"0":{"id":234304,"text":"Except as otherwise provided in subsection B and \u00a7 64.2-779.28, this article applies to a trust that has its principal place of administration in the Commonwealth and that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":234305,"text":"Is created on or after July 1, 2020;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":234306,"text":"Is amended by a settlor on or after July 1, 2020;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":234307,"text":"Is amended or modified on or after July 1, 2020, by a nonjudicial settlement agreement under § 64.2-709, by a second-trust instrument under the Uniform Trust Decanting Act (§ 64.2-779.1 et seq.), or by the court; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":234308,"text":"In the case of any trust not described in subdivision A 1, A 2, or A 3, was made subject to subsection E of § 64.2-770, as it existed prior to the effective date of this article, by specific reference in the trust instrument.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":234309,"text":"In the case of a trust described in subdivision A 2 or A 3, this article applies only to a decision or action on or after the date of the first such amendment or modification.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":234310,"text":"Any trust, decision, or action to which this article does not apply shall be governed by the following rules:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"7":{"id":234311,"text":"If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":234312,"text":"The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":234313,"text":"A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2"}},"ancestry":[{"id":12726,"edition_id":1,"name":"Uniform Directed Trust Act","identifier":"8.2","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":274631,"object_type":"structure","relational_id":12726,"identifier":"8.2","token":"64.2\/III\/7\/8.2","url":"\/64.2\/III\/7\/8.2\/","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":70126,"structure_id":12726,"section_number":"64.2-779.26","catch_line":"Definitions","url":"\/64.2-779.26\/","token":"64.2\/III\/7\/8.2\/64.2-779.26","metadata":false},{"id":64385,"structure_id":12726,"section_number":"64.2-779.27","catch_line":"Application","url":"\/64.2-779.27\/","token":"64.2\/III\/7\/8.2\/64.2-779.27","metadata":false},{"id":53942,"structure_id":12726,"section_number":"64.2-779.28","catch_line":"Exclusions","url":"\/64.2-779.28\/","token":"64.2\/III\/7\/8.2\/64.2-779.28","metadata":false},{"id":61542,"structure_id":12726,"section_number":"64.2-779.29","catch_line":"Powers of trust director","url":"\/64.2-779.29\/","token":"64.2\/III\/7\/8.2\/64.2-779.29","metadata":false},{"id":72926,"structure_id":12726,"section_number":"64.2-779.30","catch_line":"Limitations on trust director","url":"\/64.2-779.30\/","token":"64.2\/III\/7\/8.2\/64.2-779.30","metadata":false},{"id":71632,"structure_id":12726,"section_number":"64.2-779.31","catch_line":"Duty and liability of trust director","url":"\/64.2-779.31\/","token":"64.2\/III\/7\/8.2\/64.2-779.31","metadata":false},{"id":60365,"structure_id":12726,"section_number":"64.2-779.32","catch_line":"Duty and liability of directed trustee","url":"\/64.2-779.32\/","token":"64.2\/III\/7\/8.2\/64.2-779.32","metadata":false},{"id":82273,"structure_id":12726,"section_number":"64.2-779.33","catch_line":"Duty to provide information to trust director or trustee","url":"\/64.2-779.33\/","token":"64.2\/III\/7\/8.2\/64.2-779.33","metadata":false},{"id":56442,"structure_id":12726,"section_number":"64.2-779.34","catch_line":"No duty to monitor, inform, or advise","url":"\/64.2-779.34\/","token":"64.2\/III\/7\/8.2\/64.2-779.34","metadata":false},{"id":71421,"structure_id":12726,"section_number":"64.2-779.35","catch_line":"Limitation of action against trust director","url":"\/64.2-779.35\/","token":"64.2\/III\/7\/8.2\/64.2-779.35","metadata":false},{"id":60217,"structure_id":12726,"section_number":"64.2-779.36","catch_line":"Defenses in action against trust director","url":"\/64.2-779.36\/","token":"64.2\/III\/7\/8.2\/64.2-779.36","metadata":false},{"id":64434,"structure_id":12726,"section_number":"64.2-779.37","catch_line":"Jurisdiction over trust director","url":"\/64.2-779.37\/","token":"64.2\/III\/7\/8.2\/64.2-779.37","metadata":false},{"id":55343,"structure_id":12726,"section_number":"64.2-779.38","catch_line":"Office of trust director","url":"\/64.2-779.38\/","token":"64.2\/III\/7\/8.2\/64.2-779.38","metadata":false}],"previous_section":{"id":70126,"structure_id":12726,"section_number":"64.2-779.26","catch_line":"Definitions","url":"\/64.2-779.26\/","token":"64.2\/III\/7\/8.2\/64.2-779.26","metadata":false},"next_section":{"id":53942,"structure_id":12726,"section_number":"64.2-779.28","catch_line":"Exclusions","url":"\/64.2-779.28\/","token":"64.2\/III\/7\/8.2\/64.2-779.28","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.27\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 768<\/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":[{"id":55392,"section_number":"64.2-709","catch_line":"Nonjudicial settlement agreements","order_by":null,"url":"\/64.2-709\/"},{"id":80013,"section_number":"64.2-770","catch_line":"Repealed","order_by":null,"url":"\/64.2-770\/"},{"id":69107,"section_number":"64.2-779.1","catch_line":"Scope","order_by":null,"url":"\/64.2-779.1\/"},{"id":53942,"section_number":"64.2-779.28","catch_line":"Exclusions","order_by":null,"url":"\/64.2-779.28\/"}],"permalink":{"id":274637,"object_type":"law","relational_id":64385,"identifier":"64.2-779.27","token":"64.2\/III\/7\/8.2\/64.2-779.27","url":"\/64.2-779.27\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.27\/","token":"64.2\/III\/7\/8.2\/64.2-779.27","dublin_core":{"Title":"Application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.27","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection B and \u00a7 64.2-779.28<\/a>, this article applies to a trust that has its principal place of administration in the Commonwealth and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is created on or after July 1, 2020; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is amended by a settlor on or after July 1, 2020; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Is amended or modified on or after July 1, 2020, by a nonjudicial settlement<\/span> agreement under § 64.2-709<\/a>, by a second-trust instrument<\/span><\/span> under the Uniform Trust Decanting Act (§ 64.2-779.1<\/a> et seq.), or by the court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the case of any trust not described in subdivision A 1, A 2, or A 3, was made subject to subsection E of § 64.2-770<\/a>, as it existed prior to the effective date of this article, by specific reference in the trust instrument<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the case of a trust described in subdivision A 2 or A 3, this article applies only to a decision or action on or after the date of the first such amendment or modification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any trust, decision, or action to which this article does not apply shall be governed by the following rules: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the terms of a trust confer upon a person<\/span> other than the settlor of a revocable trust power to direct certain actions of the trustee<\/span>, the trustee<\/span> shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee<\/span> knows the attempted exercise would constitute a serious breach of a fiduciary<\/span> duty that the person<\/span> holding the power owes to the beneficiaries of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The terms of a trust may confer upon a trustee<\/span> or other person<\/span> a power to direct the modification or termination of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A person<\/span>, other than a beneficiary<\/span>, who holds a power to direct is presumptively a fiduciary<\/span> who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries<\/span>. The holder of a power to direct is liable for any loss that results from breach of a fiduciary<\/span> duty. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION (\u00a7 64.2-779.27)\n\nA. Except as otherwise provided in subsection B and \u00a7 64.2-779.28, this article\napplies to a trust that has its principal place of administration in the\nCommonwealth and that:\n\n 1. Is created on or after July 1, 2020;\n\n 2. Is amended by a settlor on or after July 1, 2020;\n\n 3. Is amended or modified on or after July 1, 2020, by a nonjudicial\n settlement agreement under § 64.2-709, by a second-trust instrument under\n the Uniform Trust Decanting Act (§ 64.2-779.1 et seq.), or by the court;\n or\n\n 4. In the case of any trust not described in subdivision A 1, A 2, or A 3, was\n made subject to subsection E of § 64.2-770, as it existed prior to the\n effective date of this article, by specific reference in the trust instrument.\n\nB. In the case of a trust described in subdivision A 2 or A 3, this article\napplies only to a decision or action on or after the date of the first such\namendment or modification.\n\nC. Any trust, decision, or action to which this article does not apply shall be\ngoverned by the following rules:\n\n 1. If the terms of a trust confer upon a person other than the settlor of a\n revocable trust power to direct certain actions of the trustee, the trustee\n shall act in accordance with an exercise of the power unless the attempted\n exercise is manifestly contrary to the terms of the trust or the trustee knows\n the attempted exercise would constitute a serious breach of a fiduciary duty\n that the person holding the power owes to the beneficiaries of the trust.\n\n 2. The terms of a trust may confer upon a trustee or other person a power to\n direct the modification or termination of the trust.\n\n 3. A person, other than a beneficiary, who holds a power to direct is\n presumptively a fiduciary who, as such, is required to act in good faith with\n regard to the purposes of the trust and the interests of the beneficiaries.\n The holder of a power to direct is liable for any loss that results from\n breach of a fiduciary duty.\n\nHISTORY: 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}}