{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-796.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-796.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-796.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-796.html"}],"law_id":59874,"edition_id":1,"section_id":59874,"structure_id":14530,"section_number":"64.2-796","catch_line":"Limitation of action against trustee","history":"2005, c. 935, \u00a7 55-550.05; 2012, c. 614.","full_text":"A\n\nA beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.B\n\nA report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.C\n\nIf subsection A does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust shall be commenced within five years after the first to occur of:1\n\nThe removal, resignation, or death of the trustee;2\n\nThe termination of the beneficiary’s interest in the trust; or3\n\nThe termination of the trust.D\n\nWhenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter, or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person benefiting from the fraud, whether innocent or not, except for a bona fide purchaser. Any proceeding shall be commenced within two years after the fraud is discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time the fraud is committed. This section does not apply to remedies for fraud practiced on a decedent during his lifetime that affects the succession of his estate.E\n\nThe provisions of this section shall not operate to reduce the period of limitations applicable to actions and suits governed by § 8.01-245.","order_by":null,"text":{"0":{"id":219331,"text":"A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219332,"text":"A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219333,"text":"If subsection A does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust shall be commenced within five years after the first to occur of:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":219334,"text":"The removal, resignation, or death of the trustee;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":219335,"text":"The termination of the beneficiary’s interest in the trust; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":219336,"text":"The termination of the trust.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":219337,"text":"Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter, or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person benefiting from the fraud, whether innocent or not, except for a bona fide purchaser. Any proceeding shall be commenced within two years after the fraud is discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time the fraud is committed. This section does not apply to remedies for fraud practiced on a decedent during his lifetime that affects the succession of his estate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":219338,"text":"The provisions of this section shall not operate to reduce the period of limitations applicable to actions and suits governed by § 8.01-245.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-796\/","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":[{"id":58429,"section_number":"64.2-764","catch_line":"Duty of loyalty","order_by":null,"url":"\/64.2-764\/"},{"id":71421,"section_number":"64.2-779.35","catch_line":"Limitation of action against trust director","order_by":null,"url":"\/64.2-779.35\/"}],"refers_to":[{"id":73370,"section_number":"8.01-245","catch_line":"Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained","order_by":null,"url":"\/8.01-245\/"}],"permalink":{"id":274169,"object_type":"law","relational_id":59874,"identifier":"64.2-796","token":"64.2\/III\/7\/10\/64.2-796","url":"\/64.2-796\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-796\/","token":"64.2\/III\/7\/10\/64.2-796","dublin_core":{"Title":"Limitation of action against trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-796","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A beneficiary<\/span> may not commence a proceeding against a trustee<\/span> for breach of trust more than one year after the date the beneficiary<\/span> or a representative of the beneficiary<\/span> was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary<\/span> of the time allowed for commencing a proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary<\/span> or representative knows of the potential claim or should have inquired into its existence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If subsection A does not apply, a judicial proceeding by a beneficiary<\/span> against a trustee<\/span> for breach of trust shall be commenced within five years after the first to occur of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The removal, resignation, or death of the trustee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The termination of the beneficiary<\/span>’s interest in the trust; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The termination of the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever fraud<\/span> has been perpetrated in connection with any proceeding or in any statement filed under this chapter, or if fraud<\/span> is used to avoid or circumvent the provisions or purposes of this chapter, any person<\/span> injured thereby may obtain appropriate relief against the perpetrator of the fraud<\/span> or restitution<\/span> from any person<\/span> benefiting from the fraud<\/span>, whether innocent or not, except for a bona fide purchaser<\/span>. Any proceeding shall be commenced within two years after the fraud<\/span> is discovered, but no proceeding may be brought against one not a perpetrator of the fraud<\/span> later than five years after the time the fraud<\/span> is committed. This section does not apply to remedies for fraud<\/span> practiced on a decedent during his lifetime that affects the succession of his estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not operate to reduce the period of limitations applicable to actions and suits governed by § 8.01-245<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION OF ACTION AGAINST TRUSTEE (\u00a7 64.2-796)\n\nA. A beneficiary may not commence a proceeding against a trustee for breach of\ntrust more than one year after the date the beneficiary or a representative of\nthe beneficiary was sent a report that adequately disclosed the existence of a\npotential claim for breach of trust and informed the beneficiary of the time\nallowed for commencing a proceeding.\n\nB. A report adequately discloses the existence of a potential claim for breach\nof trust if it provides sufficient information so that the beneficiary or\nrepresentative knows of the potential claim or should have inquired into its\nexistence.\n\nC. If subsection A does not apply, a judicial proceeding by a beneficiary\nagainst a trustee for breach of trust shall be commenced within five years after\nthe first to occur of:\n\n 1. The removal, resignation, or death of the trustee;\n\n 2. The termination of the beneficiary’s interest in the trust; or\n\n 3. The termination of the trust.\n\nD. Whenever fraud has been perpetrated in connection with any proceeding or in\nany statement filed under this chapter, or if fraud is used to avoid or\ncircumvent the provisions or purposes of this chapter, any person injured\nthereby may obtain appropriate relief against the perpetrator of the fraud or\nrestitution from any person benefiting from the fraud, whether innocent or not,\nexcept for a bona fide purchaser. Any proceeding shall be commenced within two\nyears after the fraud is discovered, but no proceeding may be brought against\none not a perpetrator of the fraud later than five years after the time the\nfraud is committed. This section does not apply to remedies for fraud practiced\non a decedent during his lifetime that affects the succession of his estate.\n\nE. The provisions of this section shall not operate to reduce the period of\nlimitations applicable to actions and suits governed by § 8.01-245.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.05; 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}}