{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.6.html"}],"law_id":86465,"edition_id":1,"section_id":86465,"structure_id":13034,"section_number":"64.2-779.6","catch_line":"Court involvement","history":"2017, c. 592.","full_text":"A\n\nOn application of an authorized fiduciary, a person entitled to notice under subsection C of § 64.2-779.5, a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may (i) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary; (ii) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power; (iii) approve an exercise of the decanting power; (iv) determine that a proposed or attempted exercise of the decanting power is ineffective because (a) after applying § 64.2-779.19, the proposed or attempted exercise does not or did not comply with this article or (b) the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty; (v) determine the extent to which § 64.2-779.19 applies to a prior exercise of the decanting power; (vi) provide instructions to the trustee regarding the application of § 64.2-779.19 to a prior exercise of the decanting power; or (vii) order other relief to carry out the purposes of this article.B\n\nOn application of an authorized fiduciary, the court may approve (i) an increase in the fiduciary’s compensation under § 64.2-779.13 or (ii) a modification under § 64.2-779.15 of a provision granting a person the right to remove or replace the fiduciary.","order_by":null,"text":{"0":{"id":309701,"text":"On application of an authorized fiduciary, a person entitled to notice under subsection C of § 64.2-779.5, a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may (i) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary; (ii) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power; (iii) approve an exercise of the decanting power; (iv) determine that a proposed or attempted exercise of the decanting power is ineffective because (a) after applying § 64.2-779.19, the proposed or attempted exercise does not or did not comply with this article or (b) the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty; (v) determine the extent to which § 64.2-779.19 applies to a prior exercise of the decanting power; (vi) provide instructions to the trustee regarding the application of § 64.2-779.19 to a prior exercise of the decanting power; or (vii) order other relief to carry out the purposes of this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309702,"text":"On application of an authorized fiduciary, the court may approve (i) an increase in the fiduciary’s compensation under § 64.2-779.13 or (ii) a modification under § 64.2-779.15 of a provision granting a person the right to remove or replace the fiduciary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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 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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":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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.6\/","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":[{"id":80693,"section_number":"64.2-701","catch_line":"Definitions","order_by":null,"url":"\/64.2-701\/"},{"id":84001,"section_number":"64.2-779.5","catch_line":"Notice; exercise of decanting power","order_by":null,"url":"\/64.2-779.5\/"}],"refers_to":[{"id":70803,"section_number":"64.2-779.13","catch_line":"Change in compensation","order_by":null,"url":"\/64.2-779.13\/"},{"id":57442,"section_number":"64.2-779.15","catch_line":"Removal or replacement of authorized fiduciary","order_by":null,"url":"\/64.2-779.15\/"},{"id":54098,"section_number":"64.2-779.19","catch_line":"Savings provision","order_by":null,"url":"\/64.2-779.19\/"},{"id":84001,"section_number":"64.2-779.5","catch_line":"Notice; exercise of decanting power","order_by":null,"url":"\/64.2-779.5\/"}],"permalink":{"id":274615,"object_type":"law","relational_id":86465,"identifier":"64.2-779.6","token":"64.2\/III\/7\/8.1\/64.2-779.6","url":"\/64.2-779.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.6\/","token":"64.2\/III\/7\/8.1\/64.2-779.6","dublin_core":{"Title":"Court involvement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On application of an authorized fiduciary<\/span>, a person<\/span> entitled to notice under subsection C of § 64.2-779.5<\/a>, a beneficiary<\/span>, or with respect to a charitable interest<\/span> the Attorney General<\/span> or other person<\/span> that has standing to enforce the charitable interest<\/span>, the court<\/span> may (i) provide instructions to the authorized fiduciary<\/span> regarding whether a proposed exercise of the decanting power<\/span> is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary<\/span>; (ii) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power<\/span> should be exercised under this article and to exercise the decanting power<\/span>; (iii) approve an exercise of the decanting power<\/span>; (iv) determine that a proposed or attempted exercise of the decanting power<\/span> is ineffective because (a) after applying § 64.2-779.19<\/a>, the proposed or attempted exercise does not or did not comply with this article or (b) the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty; (v) determine the extent to which § 64.2-779.19<\/a> applies to a prior exercise of the decanting power<\/span>; (vi) provide instructions to the trustee<\/span> regarding the application of § 64.2-779.19<\/a> to a prior exercise of the decanting power<\/span>; or (vii) order<\/span> other relief to carry out the purposes of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> On application of an authorized fiduciary<\/span>, the court<\/span> may approve (i) an increase in the fiduciary’s compensation under § 64.2-779.13<\/a> or (ii) a modification under § 64.2-779.15<\/a> of a provision granting a person<\/span> the right to remove or replace the fiduciary. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT INVOLVEMENT (\u00a7 64.2-779.6)\n\nA. On application of an authorized fiduciary, a person entitled to notice under\nsubsection C of § 64.2-779.5, a beneficiary, or with respect to a\ncharitable interest the Attorney General or other person that has standing to\nenforce the charitable interest, the court may (i) provide instructions to the\nauthorized fiduciary regarding whether a proposed exercise of the decanting\npower is permitted under this article and consistent with the fiduciary duties\nof the authorized fiduciary; (ii) appoint a special fiduciary and authorize the\nspecial fiduciary to determine whether the decanting power should be exercised\nunder this article and to exercise the decanting power; (iii) approve an\nexercise of the decanting power; (iv) determine that a proposed or attempted\nexercise of the decanting power is ineffective because (a) after applying §\n64.2-779.19, the proposed or attempted exercise does not or did not comply with\nthis article or (b) the proposed or attempted exercise would be or was an abuse\nof the fiduciary’s discretion or a breach of fiduciary duty; (v) determine\nthe extent to which § 64.2-779.19 applies to a prior exercise of the\ndecanting power; (vi) provide instructions to the trustee regarding the\napplication of § 64.2-779.19 to a prior exercise of the decanting power; or\n(vii) order other relief to carry out the purposes of this article.\n\nB. On application of an authorized fiduciary, the court may approve (i) an\nincrease in the fiduciary’s compensation under § 64.2-779.13 or (ii)\na modification under § 64.2-779.15 of a provision granting a person the\nright to remove or replace the fiduciary.\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}}