{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-800.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-800.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-800.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-800.html"}],"law_id":79308,"edition_id":1,"section_id":79308,"structure_id":14530,"section_number":"64.2-800","catch_line":"Beneficiary’s consent, release, or ratification","history":"2005, c. 935, \u00a7 55-550.09; 2012, c. 614; 2024, cc. 446, 600.","full_text":"A\n\nA trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:1\n\nThe consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or2\n\nAt the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach.B\n\nA beneficiary shall be deemed to have released a trustee and ratified all actions of a trustee for the administration of the trust if, when the trust terminates or the trustee ceases to serve:1\n\nThe trustee sends the beneficiary the following:\n\t\t\t\ta. A report as described in subsection C of § 64.2-775, for the immediately preceding two years;\n\t\t\t\tb. The amount of any taxes, expenses, or fees, including trustee fees and any reserves, remaining to be paid;\n\t\t\t\tc. Notice that (i) the trust is terminating or that the trustee is ceasing to serve; (ii) if the beneficiary does not object in writing to the trustee within 60 days after the trustee sent the notice and information, the beneficiary shall be deemed to have released the trustee and ratified all actions of the trustee; and (iii) the trustee is unaware of any undisclosed information that could give rise to a claim by the beneficiary; and\n\t\t\t\td. If the trust is terminating, a description of any trust property or interests reasonably anticipated but not yet received and a proposal for distribution; and2\n\nThe beneficiary does not notify the trustee of the beneficiary’s objection in writing within 60 days after the trustee sent the notice and information pursuant to subdivision 1.C\n\nThe provisions of subsection B shall not apply to a transaction pursuant to Article 8.1 (§ 64.2-779.1 et seq.) of Chapter 7.D\n\nIn the event the trustee is not released and his actions ratified pursuant to the process provided by subsection B, the trustee shall not be precluded from obtaining a release of liability by another permitted method.E\n\nWhen a trustee complies with the provisions of subsection B, has received no objection or has resolved any objection, and distributes the assets of a terminating trust to a beneficiary or to a successor trustee, such action shall have the same legal and preclusive effect as if a court had entered a final order approving the trustee’s final account or approving the trustee’s interim accounts. A beneficiary or other party who received the notice and statements and either consented or did not object shall be prohibited from bringing a claim against the trustee.","order_by":null,"text":{"0":{"id":283944,"text":"A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":283945,"text":"The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":283946,"text":"At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to 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":283947,"text":"A beneficiary shall be deemed to have released a trustee and ratified all actions of a trustee for the administration of the trust if, when the trust terminates or the trustee ceases to serve:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":283948,"text":"The trustee sends the beneficiary the following:\n\t\t\t\ta. A report as described in subsection C of § 64.2-775, for the immediately preceding two years;\n\t\t\t\tb. The amount of any taxes, expenses, or fees, including trustee fees and any reserves, remaining to be paid;\n\t\t\t\tc. Notice that (i) the trust is terminating or that the trustee is ceasing to serve; (ii) if the beneficiary does not object in writing to the trustee within 60 days after the trustee sent the notice and information, the beneficiary shall be deemed to have released the trustee and ratified all actions of the trustee; and (iii) the trustee is unaware of any undisclosed information that could give rise to a claim by the beneficiary; and\n\t\t\t\td. If the trust is terminating, a description of any trust property or interests reasonably anticipated but not yet received and a proposal for distribution; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":283949,"text":"The beneficiary does not notify the trustee of the beneficiary’s objection in writing within 60 days after the trustee sent the notice and information pursuant to subdivision 1.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":283950,"text":"The provisions of subsection B shall not apply to a transaction pursuant to Article 8.1 (§ 64.2-779.1 et seq.) of Chapter 7.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":283951,"text":"In the event the trustee is not released and his actions ratified pursuant to the process provided by subsection B, the trustee shall not be precluded from obtaining a release of liability by another permitted method.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":283952,"text":"When a trustee complies with the provisions of subsection B, has received no objection or has resolved any objection, and distributes the assets of a terminating trust to a beneficiary or to a successor trustee, such action shall have the same legal and preclusive effect as if a court had entered a final order approving the trustee’s final account or approving the trustee’s interim accounts. A beneficiary or other party who received the notice and statements and either consented or did not object shall be prohibited from bringing a claim against the trustee.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-800\/","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 2 times. 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. Those modifications are as follows: in 2012, chapter 614<\/a>; in 2024, chapters 446<\/a> and 600<\/a>.<\/p>","references":[{"id":58429,"section_number":"64.2-764","catch_line":"Duty of loyalty","order_by":null,"url":"\/64.2-764\/"}],"refers_to":[{"id":83323,"section_number":"64.2-775","catch_line":"Duty to inform and report","order_by":null,"url":"\/64.2-775\/"},{"id":69107,"section_number":"64.2-779.1","catch_line":"Scope","order_by":null,"url":"\/64.2-779.1\/"}],"permalink":{"id":274185,"object_type":"law","relational_id":79308,"identifier":"64.2-800","token":"64.2\/III\/7\/10\/64.2-800","url":"\/64.2-800\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","dublin_core":{"Title":"Beneficiary’s consent, release, or ratification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-800","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trustee<\/span> is not liable to a beneficiary<\/span> for breach of trust if the beneficiary<\/span> consented to the conduct constituting the breach, released the trustee<\/span> from liability for the breach, or ratified the transaction constituting the breach, unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The consent, release, or ratification of the beneficiary<\/span> was induced by improper conduct of the trustee<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> At the time of the consent, release, or ratification, the beneficiary<\/span> did not know of the beneficiary<\/span>’s rights or of the material<\/span> facts<\/span> relating to the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A beneficiary<\/span> shall be deemed to have released a trustee<\/span> and ratified all actions of a trustee<\/span> for the administration of the trust if, when the trust terminates or the trustee<\/span> ceases to serve: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The trustee<\/span> sends the beneficiary<\/span> the following:\n\t\t\t\ta. A report as described in subsection C of § 64.2-775<\/a>, for the immediately preceding two years;\n\t\t\t\tb. The amount of any taxes, expenses, or fees, including trustee<\/span> fees and any reserves, remaining to be paid;\n\t\t\t\tc. Notice that (i) the trust is terminating or that the trustee<\/span> is ceasing to serve; (ii) if the beneficiary<\/span> does not object<\/span> in writing to the trustee<\/span> within 60 days after the trustee<\/span> sent the notice and information, the beneficiary<\/span> shall be deemed to have released the trustee<\/span> and ratified all actions of the trustee<\/span>; and (iii) the trustee<\/span> is unaware of any undisclosed information that could give rise to a claim by the beneficiary<\/span>; and\n\t\t\t\td. If the trust is terminating, a description of any trust property<\/span> or interests reasonably anticipated but not yet received and a proposal for distribution; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The beneficiary<\/span> does not notify the trustee<\/span> of the beneficiary<\/span>’s objection in writing within 60 days after the trustee<\/span> sent the notice and information pursuant to subdivision 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection B shall not apply to a transaction pursuant to Article 8.1 (§ 64.2-779.1<\/a> et seq.) of Chapter 7. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event the trustee<\/span> is not released and his actions ratified pursuant to the process provided by subsection B, the trustee<\/span> shall not be precluded from obtaining a release of liability by another permitted method. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When a trustee<\/span> complies with the provisions of subsection B, has received no objection or has resolved any objection, and distributes the assets<\/span> of a terminating trust to a beneficiary<\/span> or to a successor trustee<\/span>, such action shall have the same legal and preclusive effect as if a court<\/span> had entered a final order<\/span> approving the trustee<\/span>’s final account or approving the trustee<\/span>’s interim accounts. A beneficiary<\/span> or other party<\/span> who received the notice and statements and either consented or did not object<\/span> shall be prohibited from bringing a claim against the trustee<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBENEFICIARY’S CONSENT, RELEASE, OR RATIFICATION (\u00a7 64.2-800)\n\nA. A trustee is not liable to a beneficiary for breach of trust if the\nbeneficiary consented to the conduct constituting the breach, released the\ntrustee from liability for the breach, or ratified the transaction constituting\nthe breach, unless:\n\n 1. The consent, release, or ratification of the beneficiary was induced by\n improper conduct of the trustee; or\n\n 2. At the time of the consent, release, or ratification, the beneficiary did\n not know of the beneficiary’s rights or of the material facts relating\n to the breach.\n\nB. A beneficiary shall be deemed to have released a trustee and ratified all\nactions of a trustee for the administration of the trust if, when the trust\nterminates or the trustee ceases to serve:\n\n 1. The trustee sends the beneficiary the following:\n \t\t\t\ta. A report as described in subsection C of § 64.2-775, for the\n immediately preceding two years;\n \t\t\t\tb. The amount of any taxes, expenses, or fees, including trustee fees and\n any reserves, remaining to be paid;\n \t\t\t\tc. Notice that (i) the trust is terminating or that the trustee is ceasing\n to serve; (ii) if the beneficiary does not object in writing to the trustee\n within 60 days after the trustee sent the notice and information, the\n beneficiary shall be deemed to have released the trustee and ratified all\n actions of the trustee; and (iii) the trustee is unaware of any undisclosed\n information that could give rise to a claim by the beneficiary; and\n \t\t\t\td. If the trust is terminating, a description of any trust property or\n interests reasonably anticipated but not yet received and a proposal for\n distribution; and\n\n 2. The beneficiary does not notify the trustee of the beneficiary’s\n objection in writing within 60 days after the trustee sent the notice and\n information pursuant to subdivision 1.\n\nC. The provisions of subsection B shall not apply to a transaction pursuant to\nArticle 8.1 (§ 64.2-779.1 et seq.) of Chapter 7.\n\nD. In the event the trustee is not released and his actions ratified pursuant to\nthe process provided by subsection B, the trustee shall not be precluded from\nobtaining a release of liability by another permitted method.\n\nE. When a trustee complies with the provisions of subsection B, has received no\nobjection or has resolved any objection, and distributes the assets of a\nterminating trust to a beneficiary or to a successor trustee, such action shall\nhave the same legal and preclusive effect as if a court had entered a final\norder approving the trustee’s final account or approving the\ntrustee’s interim accounts. A beneficiary or other party who received the\nnotice and statements and either consented or did not object shall be prohibited\nfrom bringing a claim against the trustee.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.09; 2012, c. 614; 2024, cc. 446, 600.","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}}