{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-793.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-793.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-793.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-793.html"}],"law_id":62262,"edition_id":1,"section_id":62262,"structure_id":14530,"section_number":"64.2-793","catch_line":"Damages for breach of trust","history":"2005, c. 935, \u00a7 55-550.02; 2012, c. 614.","full_text":"A\n\nA trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:1\n\nThe amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or2\n\nThe profit the trustee made by reason of the breach.B\n\nExcept as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.","order_by":null,"text":{"0":{"id":227076,"text":"A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":227077,"text":"The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":227078,"text":"The profit the trustee made by reason of the breach.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":227079,"text":"Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":14530,"edition_id":1,"name":"Liability of Trustees and Rights of Persons Dealing With Trustee","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12725,"metadata":{},"date_created":"2026-06-26 03:48:32","date_modified":"2026-06-26 03:48:32","permalink":{"id":274151,"object_type":"structure","relational_id":14530,"identifier":"10","token":"64.2\/III\/7\/10","url":"\/64.2\/III\/7\/10\/","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":84224,"structure_id":14530,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","url":"\/64.2-792\/","token":"64.2\/III\/7\/10\/64.2-792","metadata":false},{"id":62262,"structure_id":14530,"section_number":"64.2-793","catch_line":"Damages for breach of trust","url":"\/64.2-793\/","token":"64.2\/III\/7\/10\/64.2-793","metadata":false},{"id":76848,"structure_id":14530,"section_number":"64.2-794","catch_line":"Damages in absence of breach","url":"\/64.2-794\/","token":"64.2\/III\/7\/10\/64.2-794","metadata":false},{"id":71141,"structure_id":14530,"section_number":"64.2-795","catch_line":"Attorney fees and costs","url":"\/64.2-795\/","token":"64.2\/III\/7\/10\/64.2-795","metadata":false},{"id":59874,"structure_id":14530,"section_number":"64.2-796","catch_line":"Limitation of action against trustee","url":"\/64.2-796\/","token":"64.2\/III\/7\/10\/64.2-796","metadata":false},{"id":81524,"structure_id":14530,"section_number":"64.2-797","catch_line":"Reliance on trust instrument","url":"\/64.2-797\/","token":"64.2\/III\/7\/10\/64.2-797","metadata":false},{"id":61077,"structure_id":14530,"section_number":"64.2-798","catch_line":"Event affecting administration or distribution","url":"\/64.2-798\/","token":"64.2\/III\/7\/10\/64.2-798","metadata":false},{"id":55970,"structure_id":14530,"section_number":"64.2-799","catch_line":"Exculpation of trustee","url":"\/64.2-799\/","token":"64.2\/III\/7\/10\/64.2-799","metadata":false},{"id":79308,"structure_id":14530,"section_number":"64.2-800","catch_line":"Beneficiary's consent, release, or ratification","url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","metadata":false},{"id":81265,"structure_id":14530,"section_number":"64.2-801","catch_line":"Limitation on personal liability of trustee","url":"\/64.2-801\/","token":"64.2\/III\/7\/10\/64.2-801","metadata":false},{"id":61556,"structure_id":14530,"section_number":"64.2-802","catch_line":"Interest as general partner","url":"\/64.2-802\/","token":"64.2\/III\/7\/10\/64.2-802","metadata":false},{"id":85139,"structure_id":14530,"section_number":"64.2-803","catch_line":"Protection of person dealing with trustee","url":"\/64.2-803\/","token":"64.2\/III\/7\/10\/64.2-803","metadata":false},{"id":64879,"structure_id":14530,"section_number":"64.2-804","catch_line":"Certification of trust","url":"\/64.2-804\/","token":"64.2\/III\/7\/10\/64.2-804","metadata":false}],"previous_section":{"id":84224,"structure_id":14530,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","url":"\/64.2-792\/","token":"64.2\/III\/7\/10\/64.2-792","metadata":false},"next_section":{"id":76848,"structure_id":14530,"section_number":"64.2-794","catch_line":"Damages in absence of breach","url":"\/64.2-794\/","token":"64.2\/III\/7\/10\/64.2-794","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-793\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/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 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":274157,"object_type":"law","relational_id":62262,"identifier":"64.2-793","token":"64.2\/III\/7\/10\/64.2-793","url":"\/64.2-793\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-793\/","token":"64.2\/III\/7\/10\/64.2-793","dublin_core":{"Title":"Damages for breach of trust","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-793","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trustee<\/span> who commits a breach of trust is liable to the beneficiaries affected for the greater of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The amount required to restore the value<\/span> of the trust property<\/span> and trust distributions to what they would have been had the breach not occurred; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The profit the trustee<\/span> made by reason of the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in this subsection, if more than one trustee<\/span> is liable to the beneficiaries for a breach of trust, a trustee<\/span> is entitled to contribution from the other trustee<\/span> or trustees<\/span>. A trustee<\/span> is not entitled to contribution if the trustee<\/span> was substantially more at fault than another trustee<\/span> or if the trustee<\/span> committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries<\/span>. A trustee<\/span> who received a benefit from the breach of trust is not entitled to contribution from another trustee<\/span> to the extent of the benefit received. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMAGES FOR BREACH OF TRUST (\u00a7 64.2-793)\n\nA. A trustee who commits a breach of trust is liable to the beneficiaries\naffected for the greater of:\n\n 1. The amount required to restore the value of the trust property and trust\n distributions to what they would have been had the breach not occurred; or\n\n 2. The profit the trustee made by reason of the breach.\n\nB. Except as otherwise provided in this subsection, if more than one trustee is\nliable to the beneficiaries for a breach of trust, a trustee is entitled to\ncontribution from the other trustee or trustees. A trustee is not entitled to\ncontribution if the trustee was substantially more at fault than another trustee\nor if the trustee committed the breach of trust in bad faith or with reckless\nindifference to the purposes of the trust or the interests of the beneficiaries.\nA trustee who received a benefit from the breach of trust is not entitled to\ncontribution from another trustee to the extent of the benefit received.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.02; 2012, c. 614.","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}}