{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.5.html"}],"law_id":84001,"edition_id":1,"section_id":84001,"structure_id":13034,"section_number":"64.2-779.5","catch_line":"Notice; exercise of decanting power","history":"2017, c. 592; 2018, c. 476.","full_text":"A\n\nIn this section, a notice period begins on the day notice is given under subsection C and ends 59 days after the day notice is given.B\n\nExcept as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.C\n\nExcept as otherwise provided in subsection F, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to (i) each settlor of the first trust, if living or then in existence; (ii) each qualified beneficiary of the first trust; (iii) each holder of a presently exercisable power of appointment over any part or all of the first trust; (iv) each person that currently has the right to remove or replace the authorized fiduciary; (v) each other fiduciary of the first trust; (vi) each fiduciary of the second trust; (vii) each person acting as an advisor or protector of the first trust; (viii) each person holding an adverse interest who has the power to consent to the revocation of the first trust; and (ix) the Attorney General, if subsection B of § 64.2-779.11 applies.D\n\nAn authorized fiduciary is not required to give notice under subsection C to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.E\n\nA notice under subsection C shall (i) specify the manner in which the authorized fiduciary intends to exercise the decanting power, (ii) specify the proposed effective date for exercise of the power, (iii) include a copy of the first-trust instrument, and (iv) include a copy of all second-trust instruments.F\n\nThe decanting power may be exercised before expiration of the notice period under subsection A if all persons entitled to receive notice waive the period in a signed record.G\n\nThe receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under § 64.2-779.6 asserting that (i) an attempted exercise of the decanting power is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty or (ii) § 64.2-779.19 applies to the exercise of the decanting power.H\n\nAn exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection C if the authorized fiduciary acted with reasonable care to comply with subsection C.I\n\nThe decanting power under this article may be exercised by a majority of the authorized fiduciaries. If no trustee is an authorized fiduciary or upon request of any of the trustees, the court may appoint a special fiduciary pursuant to § 64.2-779.6 with authority to exercise the decanting power under this article.","order_by":null,"text":{"0":{"id":301045,"text":"In this section, a notice period begins on the day notice is given under subsection C and ends 59 days after the day notice is given.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301046,"text":"Except as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301047,"text":"Except as otherwise provided in subsection F, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to (i) each settlor of the first trust, if living or then in existence; (ii) each qualified beneficiary of the first trust; (iii) each holder of a presently exercisable power of appointment over any part or all of the first trust; (iv) each person that currently has the right to remove or replace the authorized fiduciary; (v) each other fiduciary of the first trust; (vi) each fiduciary of the second trust; (vii) each person acting as an advisor or protector of the first trust; (viii) each person holding an adverse interest who has the power to consent to the revocation of the first trust; and (ix) the Attorney General, if subsection B of § 64.2-779.11 applies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":301048,"text":"An authorized fiduciary is not required to give notice under subsection C to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":301049,"text":"A notice under subsection C shall (i) specify the manner in which the authorized fiduciary intends to exercise the decanting power, (ii) specify the proposed effective date for exercise of the power, (iii) include a copy of the first-trust instrument, and (iv) include a copy of all second-trust instruments.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":301050,"text":"The decanting power may be exercised before expiration of the notice period under subsection A if all persons entitled to receive notice waive the period in a signed record.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":301051,"text":"The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under § 64.2-779.6 asserting that (i) an attempted exercise of the decanting power is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty or (ii) § 64.2-779.19 applies to the exercise of the decanting power.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":301052,"text":"An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection C if the authorized fiduciary acted with reasonable care to comply with subsection C.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":301053,"text":"The decanting power under this article may be exercised by a majority of the authorized fiduciaries. If no trustee is an authorized fiduciary or upon request of any of the trustees, the court may appoint a special fiduciary pursuant to § 64.2-779.6 with authority to exercise the decanting power under this article.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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 trust","url":"\/64.2-779.21\/","token":"64.2\/III\/7\/8.1\/64.2-779.21","metadata":false},{"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},{"id":83453,"structure_id":13034,"section_number":"64.2-779.23","catch_line":"Later-discovered property","url":"\/64.2-779.23\/","token":"64.2\/III\/7\/8.1\/64.2-779.23","metadata":false},{"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},{"id":79769,"structure_id":13034,"section_number":"64.2-779.25","catch_line":"Accountings","url":"\/64.2-779.25\/","token":"64.2\/III\/7\/8.1\/64.2-779.25","metadata":false},{"id":60927,"structure_id":13034,"section_number":"64.2-779.3","catch_line":"Application; governing law","url":"\/64.2-779.3\/","token":"64.2\/III\/7\/8.1\/64.2-779.3","metadata":false},{"id":67126,"structure_id":13034,"section_number":"64.2-779.4","catch_line":"Reasonable reliance","url":"\/64.2-779.4\/","token":"64.2\/III\/7\/8.1\/64.2-779.4","metadata":false},{"id":84001,"structure_id":13034,"section_number":"64.2-779.5","catch_line":"Notice; exercise of decanting power","url":"\/64.2-779.5\/","token":"64.2\/III\/7\/8.1\/64.2-779.5","metadata":false},{"id":86465,"structure_id":13034,"section_number":"64.2-779.6","catch_line":"Court involvement","url":"\/64.2-779.6\/","token":"64.2\/III\/7\/8.1\/64.2-779.6","metadata":false},{"id":68820,"structure_id":13034,"section_number":"64.2-779.7","catch_line":"Formalities","url":"\/64.2-779.7\/","token":"64.2\/III\/7\/8.1\/64.2-779.7","metadata":false},{"id":79506,"structure_id":13034,"section_number":"64.2-779.8","catch_line":"Decanting power under expanded distributive 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":67126,"structure_id":13034,"section_number":"64.2-779.4","catch_line":"Reasonable reliance","url":"\/64.2-779.4\/","token":"64.2\/III\/7\/8.1\/64.2-779.4","metadata":false},"next_section":{"id":86465,"structure_id":13034,"section_number":"64.2-779.6","catch_line":"Court involvement","url":"\/64.2-779.6\/","token":"64.2\/III\/7\/8.1\/64.2-779.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.5\/","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. 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 2018, chapter 476<\/a>.<\/p>","references":[{"id":76498,"section_number":"64.2-779.11","catch_line":"Protection of charitable interest","order_by":null,"url":"\/64.2-779.11\/"},{"id":86465,"section_number":"64.2-779.6","catch_line":"Court involvement","order_by":null,"url":"\/64.2-779.6\/"},{"id":68820,"section_number":"64.2-779.7","catch_line":"Formalities","order_by":null,"url":"\/64.2-779.7\/"}],"refers_to":[{"id":76498,"section_number":"64.2-779.11","catch_line":"Protection of charitable interest","order_by":null,"url":"\/64.2-779.11\/"},{"id":54098,"section_number":"64.2-779.19","catch_line":"Savings provision","order_by":null,"url":"\/64.2-779.19\/"},{"id":86465,"section_number":"64.2-779.6","catch_line":"Court involvement","order_by":null,"url":"\/64.2-779.6\/"}],"permalink":{"id":274611,"object_type":"law","relational_id":84001,"identifier":"64.2-779.5","token":"64.2\/III\/7\/8.1\/64.2-779.5","url":"\/64.2-779.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.5\/","token":"64.2\/III\/7\/8.1\/64.2-779.5","dublin_core":{"Title":"Notice; exercise of decanting power","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section, a notice period begins on the day notice is given under subsection C and ends 59 days after the day notice is given. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in this article, an authorized fiduciary<\/span> may exercise the decanting power<\/span> without the consent of any person<\/span> and without court<\/span> approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as otherwise provided in subsection F, an authorized fiduciary<\/span> shall give notice in a record<\/span> of the intended exercise of the decanting power<\/span> not later than 60 days before the exercise to (i) each settlor of the first trust<\/span>, if living or then in existence; (ii) each qualified beneficiary<\/span> of the first trust<\/span>; (iii) each holder of a presently exercisable power of appointment<\/span><\/span> over any part or all of the first trust<\/span>; (iv) each person<\/span> that currently has the right to remove or replace the authorized fiduciary<\/span>; (v) each other fiduciary of the first trust<\/span>; (vi) each fiduciary of the second trust<\/span>; (vii) each person<\/span> acting as an advisor or protector of the first trust<\/span>; (viii) each person<\/span> holding an adverse interest who has the power to consent to the revocation<\/span> of the first trust<\/span>; and (ix) the Attorney General<\/span>, if subsection B of § 64.2-779.11<\/a> applies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An authorized fiduciary<\/span> is not required to give notice under subsection C to a person<\/span> that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A notice under subsection C shall (i) specify the manner in which the authorized fiduciary<\/span> intends to exercise the decanting power<\/span>, (ii) specify the proposed effective date for exercise of the power, (iii) include a copy of the first-trust instrument<\/span><\/span>, and (iv) include a copy of all second-trust instruments<\/span><\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The decanting power<\/span> may be exercised before expiration of the notice period under subsection A if all persons<\/span> entitled to receive notice waive<\/span> the period in a signed record<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The receipt of notice, waiver<\/span> of the notice period, or expiration of the notice period does not affect the right of a person<\/span> to file an application under § 64.2-779.6<\/a> asserting that (i) an attempted exercise of the decanting power<\/span> is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty or (ii) § 64.2-779.19<\/a> applies to the exercise of the decanting power<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An exercise of the decanting power<\/span> is not ineffective because of the failure to give notice to one or more persons<\/span> under subsection C if the authorized fiduciary<\/span> acted with reasonable care to comply with subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The decanting power<\/span> under this article may be exercised by a majority of the authorized fiduciaries. If no trustee<\/span> is an authorized fiduciary<\/span> or upon request of any of the trustees<\/span>, the court<\/span> may appoint a special fiduciary pursuant to § 64.2-779.6<\/a> with authority to exercise the decanting power<\/span> under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE; EXERCISE OF DECANTING POWER (\u00a7 64.2-779.5)\n\nA. In this section, a notice period begins on the day notice is given under\nsubsection C and ends 59 days after the day notice is given.\n\nB. Except as otherwise provided in this article, an authorized fiduciary may\nexercise the decanting power without the consent of any person and without court\napproval.\n\nC. Except as otherwise provided in subsection F, an authorized fiduciary shall\ngive notice in a record of the intended exercise of the decanting power not\nlater than 60 days before the exercise to (i) each settlor of the first trust,\nif living or then in existence; (ii) each qualified beneficiary of the first\ntrust; (iii) each holder of a presently exercisable power of appointment over\nany part or all of the first trust; (iv) each person that currently has the\nright to remove or replace the authorized fiduciary; (v) each other fiduciary of\nthe first trust; (vi) each fiduciary of the second trust; (vii) each person\nacting as an advisor or protector of the first trust; (viii) each person holding\nan adverse interest who has the power to consent to the revocation of the first\ntrust; and (ix) the Attorney General, if subsection B of § 64.2-779.11\napplies.\n\nD. An authorized fiduciary is not required to give notice under subsection C to\na person that is not known to the fiduciary or is known to the fiduciary but\ncannot be located by the fiduciary after reasonable diligence.\n\nE. A notice under subsection C shall (i) specify the manner in which the\nauthorized fiduciary intends to exercise the decanting power, (ii) specify the\nproposed effective date for exercise of the power, (iii) include a copy of the\nfirst-trust instrument, and (iv) include a copy of all second-trust instruments.\n\nF. The decanting power may be exercised before expiration of the notice period\nunder subsection A if all persons entitled to receive notice waive the period in\na signed record.\n\nG. The receipt of notice, waiver of the notice period, or expiration of the\nnotice period does not affect the right of a person to file an application under\n§ 64.2-779.6 asserting that (i) an attempted exercise of the decanting\npower is ineffective because it did not comply with this article or was an abuse\nof discretion or breach of fiduciary duty or (ii) § 64.2-779.19 applies to\nthe exercise of the decanting power.\n\nH. An exercise of the decanting power is not ineffective because of the failure\nto give notice to one or more persons under subsection C if the authorized\nfiduciary acted with reasonable care to comply with subsection C.\n\nI. The decanting power under this article may be exercised by a majority of the\nauthorized fiduciaries. If no trustee is an authorized fiduciary or upon request\nof any of the trustees, the court may appoint a special fiduciary pursuant to\n§ 64.2-779.6 with authority to exercise the decanting power under this\narticle.\n\nHISTORY: 2017, c. 592; 2018, c. 476.","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}}