{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.32.html"}],"law_id":60365,"edition_id":1,"section_id":60365,"structure_id":12726,"section_number":"64.2-779.32","catch_line":"Duty and liability of directed trustee","history":"2020, c. 768.","full_text":"A\n\nSubject to subsection B, a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision B 1 of § 64.2-779.29, and the trustee is not liable for the action.B\n\nA directed trustee must not comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision B 1 of § 64.2-779.29 to the extent that by complying the trustee would engage in willful misconduct.C\n\nAn exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:1\n\nThe breach involved the trustee’s or other trust director’s willful misconduct;2\n\nThe release was induced by improper conduct of the trustee or other trust director in procuring that release; or3\n\nAt the time of the release, the trust director did not know the material facts relating to the breach.D\n\nA directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.E\n\nThe terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.","order_by":null,"text":{"0":{"id":220776,"text":"Subject to subsection B, a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision B 1 of § 64.2-779.29, and the trustee is not liable for the action.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220777,"text":"A directed trustee must not comply with a trust director’s exercise or nonexercise of a power of direction or further power under subdivision B 1 of § 64.2-779.29 to the extent that by complying the trustee would engage in willful misconduct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220778,"text":"An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective 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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 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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":[{"id":86944,"section_number":"64.2-703","catch_line":"Default and mandatory rules","order_by":null,"url":"\/64.2-703\/"},{"id":61636,"section_number":"64.2-756","catch_line":"Cotrustees","order_by":null,"url":"\/64.2-756\/"}],"refers_to":[{"id":61542,"section_number":"64.2-779.29","catch_line":"Powers of trust director","order_by":null,"url":"\/64.2-779.29\/"}],"permalink":{"id":274657,"object_type":"law","relational_id":60365,"identifier":"64.2-779.32","token":"64.2\/III\/7\/8.2\/64.2-779.32","url":"\/64.2-779.32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.32\/","token":"64.2\/III\/7\/8.2\/64.2-779.32","dublin_core":{"Title":"Duty and liability of directed trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to subsection B, a directed trustee<\/span> shall take reasonable action to comply with a trust director<\/span>’s exercise or nonexercise of a power of direction<\/span> or further power under subdivision B 1 of § 64.2-779.29<\/a>, and the trustee is not liable for the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A directed trustee<\/span> must not comply with a trust director<\/span>’s exercise or nonexercise of a power of direction<\/span> or further power under subdivision B 1 of § 64.2-779.29<\/a> to the extent that by complying the trustee would engage in willful misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An exercise of a power of direction<\/span> under which a trust director<\/span> may release a trustee or another trust director<\/span> from liability for breach of trust<\/span> is not effective if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The breach involved the trustee’s or other trust director<\/span>’s willful misconduct; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The release was induced by improper conduct of the trustee or other trust director<\/span> in procuring that release; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> At the time of the release, the trust director<\/span> did not know the material<\/span> facts<\/span> relating to the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A directed trustee<\/span> that has reasonable doubt<\/span> about its duty under this section may petition<\/span> the court<\/span> for instructions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The terms of a trust may impose a duty or liability on a directed trustee<\/span> in addition to the duties and liabilities under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY AND LIABILITY OF DIRECTED TRUSTEE (\u00a7 64.2-779.32)\n\nA. Subject to subsection B, a directed trustee shall take reasonable action to\ncomply with a trust director’s exercise or nonexercise of a power of\ndirection or further power under subdivision B 1 of § 64.2-779.29, and the\ntrustee is not liable for the action.\n\nB. A directed trustee must not comply with a trust director’s exercise or\nnonexercise of a power of direction or further power under subdivision B 1 of\n§ 64.2-779.29 to the extent that by complying the trustee would engage in\nwillful misconduct.\n\nC. An exercise of a power of direction under which a trust director may release\na trustee or another trust director from liability for breach of trust is not\neffective if:\n\n 1. The breach involved the trustee’s or other trust director’s\n willful misconduct;\n\n 2. The release was induced by improper conduct of the trustee or other trust\n director in procuring that release; or\n\n 3. At the time of the release, the trust director did not know the material\n facts relating to the breach.\n\nD. A directed trustee that has reasonable doubt about its duty under this\nsection may petition the court for instructions.\n\nE. The terms of a trust may impose a duty or liability on a directed trustee in\naddition to the duties and liabilities under this section.\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}}