{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-779.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-779.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-779.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-779.9.html"}],"law_id":77579,"edition_id":1,"section_id":77579,"structure_id":13034,"section_number":"64.2-779.9","catch_line":"Decanting power under limited distributive discretion","history":"2017, c. 592.","full_text":"A\n\nAs used in this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.B\n\nAn authorized fiduciary that has limited distributive discretion over the income or principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the income or principal of the first trust.C\n\nUnder this section and subject to § 64.2-779.11, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust. A second trust that defers or postpones a contingent right of a beneficiary to receive an outright distribution of assets upon the attainment of a certain age or upon the occurrence of a specific event (a “deferred distribution”) shall be substantially similar to the first trust if the second trust provides that (i) during the lifetime of the beneficiary, no portion of the income or principal attributable to the deferred distribution may be distributed to, or for the benefit of, any person other than the beneficiary and (ii) the beneficiary shall have a testamentary general power of appointment exercisable in favor of the beneficiary’s estate over the deferred distribution or the deferred distribution shall be payable to the beneficiary’s estate if the second trust does not terminate during the beneficiary’s lifetime.D\n\nA power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:1\n\nThe distribution is applied for the benefit of the beneficiary;2\n\nThe beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this chapter; or3\n\nThe distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.E\n\nIf an authorized fiduciary has limited distributive discretion over part but not all of the income or principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the income or principal over which the authorized fiduciary has limited distributive discretion.","order_by":null,"text":{"0":{"id":278314,"text":"As used in this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278315,"text":"An authorized fiduciary that has limited distributive discretion over the income or principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the income or principal 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":278316,"text":"Under this section and subject to § 64.2-779.11, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust. A second trust that defers or postpones a contingent right of a beneficiary to receive an outright distribution of assets upon the attainment of a certain age or upon the occurrence of a specific event (a “deferred distribution”) shall be substantially similar to the first trust if the second trust provides that (i) during the lifetime of the beneficiary, no portion of the income or principal attributable to the deferred distribution may be distributed to, or for the benefit of, any person other than the beneficiary and (ii) the beneficiary shall have a testamentary general power of appointment exercisable in favor of the beneficiary’s estate over the deferred distribution or the deferred distribution shall be payable to the beneficiary’s estate if the second trust does not terminate during the beneficiary’s lifetime.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278317,"text":"A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":278318,"text":"The distribution is applied for the benefit of the beneficiary;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":278319,"text":"The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this chapter; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":278320,"text":"The distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":278321,"text":"If an authorized fiduciary has limited distributive discretion over part but not all of the income or principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the income or principal over which the authorized fiduciary has limited distributive discretion.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"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 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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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-779.9\/","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":60630,"section_number":"64.2-779.10","catch_line":"Trust for beneficiary with disability","order_by":null,"url":"\/64.2-779.10\/"}],"refers_to":[{"id":76498,"section_number":"64.2-779.11","catch_line":"Protection of charitable interest","order_by":null,"url":"\/64.2-779.11\/"}],"permalink":{"id":274627,"object_type":"law","relational_id":77579,"identifier":"64.2-779.9","token":"64.2\/III\/7\/8.1\/64.2-779.9","url":"\/64.2-779.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-779.9\/","token":"64.2\/III\/7\/8.1\/64.2-779.9","dublin_core":{"Title":"Decanting power under limited distributive discretion","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-779.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “limited distributive discretion<\/span>” means a discretionary power of distribution that is limited to an ascertainable standard<\/span> or a reasonably definite standard<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An authorized fiduciary<\/span> that has limited distributive discretion<\/span> over the income or principal of the first trust<\/span> for benefit of one or more current beneficiaries may exercise the decanting power<\/span> over the income or principal of the first trust<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Under this section and subject to § 64.2-779.11<\/a>, a second trust<\/span> may be created or administered under the law<\/span> of any jurisdiction<\/span>. Under this section, the second trusts<\/span>, in the aggregate, must grant each beneficiary<\/span> of the first trust<\/span> beneficial interests that are substantially similar to the beneficial interests of the beneficiary<\/span> in the first trust<\/span>. A second trust<\/span> that defers or postpones a contingent right of a beneficiary<\/span> to receive an outright distribution of assets<\/span> upon the attainment of a certain age or upon the occurrence of a specific event (a “deferred distribution”) shall be substantially similar to the first trust<\/span> if the second trust<\/span> provides that (i) during the lifetime of the beneficiary<\/span>, no portion of the income or principal attributable to the deferred distribution may be distributed to, or for the benefit of, any person<\/span> other than the beneficiary<\/span> and (ii) the beneficiary<\/span> shall have a testamentary general power of appointment<\/span><\/span> exercisable in favor of the beneficiary<\/span>’s estate over the deferred distribution or the deferred distribution shall be payable to the beneficiary<\/span>’s estate if the second trust<\/span> does not terminate during the beneficiary<\/span>’s lifetime. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A power to make a distribution under a second trust<\/span> for the benefit of a beneficiary<\/span> who is an individual is substantially similar to a power under the first trust<\/span> to make a distribution directly to the beneficiary<\/span>. A distribution is for the benefit of a beneficiary<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The distribution is applied for the benefit of the beneficiary<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The beneficiary<\/span> is under a legal disability or the trustee<\/span> reasonably believes the beneficiary<\/span> is incapacitated, and the distribution is made as permitted under this chapter; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The distribution is made as permitted under the terms of the first-trust instrument<\/span><\/span> and the second-trust instrument<\/span><\/span> for the benefit of the beneficiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an authorized fiduciary<\/span> has limited distributive discretion<\/span> over part but not all of the income or principal of a first trust<\/span>, the fiduciary may exercise the decanting power<\/span> under this section over that part of the income or principal over which the authorized fiduciary<\/span> has limited distributive discretion<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECANTING POWER UNDER LIMITED DISTRIBUTIVE DISCRETION (\u00a7 64.2-779.9)\n\nA. As used in this section, “limited distributive discretion” means\na discretionary power of distribution that is limited to an ascertainable\nstandard or a reasonably definite standard.\n\nB. An authorized fiduciary that has limited distributive discretion over the\nincome or principal of the first trust for benefit of one or more current\nbeneficiaries may exercise the decanting power over the income or principal of\nthe first trust.\n\nC. Under this section and subject to § 64.2-779.11, a second trust may be\ncreated or administered under the law of any jurisdiction. Under this section,\nthe second trusts, in the aggregate, must grant each beneficiary of the first\ntrust beneficial interests that are substantially similar to the beneficial\ninterests of the beneficiary in the first trust. A second trust that defers or\npostpones a contingent right of a beneficiary to receive an outright\ndistribution of assets upon the attainment of a certain age or upon the\noccurrence of a specific event (a “deferred distribution”) shall be\nsubstantially similar to the first trust if the second trust provides that (i)\nduring the lifetime of the beneficiary, no portion of the income or principal\nattributable to the deferred distribution may be distributed to, or for the\nbenefit of, any person other than the beneficiary and (ii) the beneficiary shall\nhave a testamentary general power of appointment exercisable in favor of the\nbeneficiary’s estate over the deferred distribution or the deferred\ndistribution shall be payable to the beneficiary’s estate if the second\ntrust does not terminate during the beneficiary’s lifetime.\n\nD. A power to make a distribution under a second trust for the benefit of a\nbeneficiary who is an individual is substantially similar to a power under the\nfirst trust to make a distribution directly to the beneficiary. A distribution\nis for the benefit of a beneficiary if:\n\n 1. The distribution is applied for the benefit of the beneficiary;\n\n 2. The beneficiary is under a legal disability or the trustee reasonably\n believes the beneficiary is incapacitated, and the distribution is made as\n permitted under this chapter; or\n\n 3. The distribution is made as permitted under the terms of the first-trust\n instrument and the second-trust instrument for the benefit of the beneficiary.\n\nE. If an authorized fiduciary has limited distributive discretion over part but\nnot all of the income or principal of a first trust, the fiduciary may exercise\nthe decanting power under this section over that part of the income or principal\nover which the authorized fiduciary has limited distributive discretion.\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}}