{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-901.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-901.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-901.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-901.html"}],"law_id":57024,"edition_id":1,"section_id":57024,"structure_id":13564,"section_number":"64.2-901","catch_line":"Custodial trust; creation and termination; general provisions","history":"1990, c. 264, \u00a7 55-34.2; 2012, c. 614.","full_text":"A\n\nA person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration if the property is of a type subject to registration, or by other instrument of transfer, executed in any lawful manner, naming as beneficiary an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under this chapter.B\n\nIn addition, a person may create a custodial trust of property by a written declaration, evidenced by registration of the property if the property is of a type subject to registration, or by other instrument of declaration, executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.C\n\nTitle to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.D\n\nThe beneficiary, if not incapacitated, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary declaring the termination. The conservator of an incapacitated beneficiary may similarly terminate the custodial trust in this manner but only if granted the power by the circuit court that appointed him in a proceeding in which the custodial trustee is made a party. If not previously terminated, the custodial trust terminates on the death of the beneficiary. A transferor may not terminate a custodial trust except as provided in this subsection.E\n\nAny person may augment existing custodial trust property by the addition of other property pursuant to this chapter.F\n\nThe transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.G\n\nThis chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.","order_by":null,"text":{"0":{"id":208878,"text":"A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration if the property is of a type subject to registration, or by other instrument of transfer, executed in any lawful manner, naming as beneficiary an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208879,"text":"In addition, a person may create a custodial trust of property by a written declaration, evidenced by registration of the property if the property is of a type subject to registration, or by other instrument of declaration, executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208880,"text":"Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":208881,"text":"The beneficiary, if not incapacitated, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary declaring the termination. The conservator of an incapacitated beneficiary may similarly terminate the custodial trust in this manner but only if granted the power by the circuit court that appointed him in a proceeding in which the custodial trustee is made a party. If not previously terminated, the custodial trust terminates on the death of the beneficiary. A transferor may not terminate a custodial trust except as provided in this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":208882,"text":"Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":208883,"text":"The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":208884,"text":"This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13564,"edition_id":1,"name":"Uniform Custodial Trust Act","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12724,"metadata":{},"date_created":"2026-06-26 03:45:15","date_modified":"2026-06-26 03:45:15","permalink":{"id":274735,"object_type":"structure","relational_id":13564,"identifier":"9","token":"64.2\/III\/9","url":"\/64.2\/III\/9\/","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":66999,"structure_id":13564,"section_number":"64.2-900","catch_line":"Definitions","url":"\/64.2-900\/","token":"64.2\/III\/9\/64.2-900","metadata":false},{"id":57024,"structure_id":13564,"section_number":"64.2-901","catch_line":"Custodial trust; creation and termination; general provisions","url":"\/64.2-901\/","token":"64.2\/III\/9\/64.2-901","metadata":false},{"id":74644,"structure_id":13564,"section_number":"64.2-902","catch_line":"Custodial trustee for future payment or transfer","url":"\/64.2-902\/","token":"64.2\/III\/9\/64.2-902","metadata":false},{"id":58164,"structure_id":13564,"section_number":"64.2-903","catch_line":"Form and effect of receipt and acceptance by custodial trustee; jurisdiction","url":"\/64.2-903\/","token":"64.2\/III\/9\/64.2-903","metadata":false},{"id":77892,"structure_id":13564,"section_number":"64.2-904","catch_line":"Transfer to custodial trustee by fiduciary or obligor; facility of payment","url":"\/64.2-904\/","token":"64.2\/III\/9\/64.2-904","metadata":false},{"id":68669,"structure_id":13564,"section_number":"64.2-905","catch_line":"Multiple beneficiaries; separate custodial trusts; survivorship","url":"\/64.2-905\/","token":"64.2\/III\/9\/64.2-905","metadata":false},{"id":64170,"structure_id":13564,"section_number":"64.2-906","catch_line":"General duties of custodial trustee","url":"\/64.2-906\/","token":"64.2\/III\/9\/64.2-906","metadata":false},{"id":73358,"structure_id":13564,"section_number":"64.2-907","catch_line":"General powers of custodial trustee","url":"\/64.2-907\/","token":"64.2\/III\/9\/64.2-907","metadata":false},{"id":54526,"structure_id":13564,"section_number":"64.2-908","catch_line":"Use of custodial trust property","url":"\/64.2-908\/","token":"64.2\/III\/9\/64.2-908","metadata":false},{"id":68505,"structure_id":13564,"section_number":"64.2-909","catch_line":"Determination of incapacity; effect","url":"\/64.2-909\/","token":"64.2\/III\/9\/64.2-909","metadata":false},{"id":85961,"structure_id":13564,"section_number":"64.2-910","catch_line":"Exemption of third person from liability","url":"\/64.2-910\/","token":"64.2\/III\/9\/64.2-910","metadata":false},{"id":60757,"structure_id":13564,"section_number":"64.2-911","catch_line":"Liability to third person; exceptions","url":"\/64.2-911\/","token":"64.2\/III\/9\/64.2-911","metadata":false},{"id":84334,"structure_id":13564,"section_number":"64.2-912","catch_line":"Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor","url":"\/64.2-912\/","token":"64.2\/III\/9\/64.2-912","metadata":false},{"id":68794,"structure_id":13564,"section_number":"64.2-913","catch_line":"Expenses, compensation, and bond of custodial trustee","url":"\/64.2-913\/","token":"64.2\/III\/9\/64.2-913","metadata":false},{"id":67869,"structure_id":13564,"section_number":"64.2-914","catch_line":"Reporting and accounting by custodial trustee; determination of liability","url":"\/64.2-914\/","token":"64.2\/III\/9\/64.2-914","metadata":false},{"id":61760,"structure_id":13564,"section_number":"64.2-915","catch_line":"Limitations of action against custodial trustee","url":"\/64.2-915\/","token":"64.2\/III\/9\/64.2-915","metadata":false},{"id":58406,"structure_id":13564,"section_number":"64.2-916","catch_line":"Distribution on termination","url":"\/64.2-916\/","token":"64.2\/III\/9\/64.2-916","metadata":false},{"id":75814,"structure_id":13564,"section_number":"64.2-917","catch_line":"Methods and forms for creating custodial trusts","url":"\/64.2-917\/","token":"64.2\/III\/9\/64.2-917","metadata":false},{"id":71807,"structure_id":13564,"section_number":"64.2-918","catch_line":"Applicable law","url":"\/64.2-918\/","token":"64.2\/III\/9\/64.2-918","metadata":false}],"previous_section":{"id":66999,"structure_id":13564,"section_number":"64.2-900","catch_line":"Definitions","url":"\/64.2-900\/","token":"64.2\/III\/9\/64.2-900","metadata":false},"next_section":{"id":74644,"structure_id":13564,"section_number":"64.2-902","catch_line":"Custodial trustee for future payment or transfer","url":"\/64.2-902\/","token":"64.2\/III\/9\/64.2-902","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-901\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 264 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. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. 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":75814,"section_number":"64.2-917","catch_line":"Methods and forms for creating custodial trusts","order_by":null,"url":"\/64.2-917\/"}],"refers_to":false,"permalink":{"id":274741,"object_type":"law","relational_id":57024,"identifier":"64.2-901","token":"64.2\/III\/9\/64.2-901","url":"\/64.2-901\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-901\/","token":"64.2\/III\/9\/64.2-901","dublin_core":{"Title":"Custodial trust; creation and termination; general provisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-901","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> may create a custodial trust of property by a written transfer of the property to another person<\/span>, evidenced by registration if the property is of a type subject to registration, or by other instrument of transfer, executed in any lawful manner, naming as beneficiary<\/span> an individual who may be the transferor<\/span>, in which the transferee is designated, in substance, as custodial trustee<\/span> under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition, a person<\/span> may create a custodial trust of property by a written declaration, evidenced by registration of the property if the property is of a type subject to registration, or by other instrument of declaration, executed in any lawful manner, describing the property and naming as beneficiary<\/span> an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee<\/span> under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Title to custodial trust property<\/span> is in the custodial trustee<\/span> and the beneficial interest is in the beneficiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The beneficiary<\/span>, if not incapacitated<\/span>, may terminate a custodial trust by delivering to the custodial trustee<\/span> a writing signed by the beneficiary<\/span> declaring the termination. The conservator<\/span> of an incapacitated<\/span> beneficiary<\/span> may similarly terminate the custodial trust in this manner but only if granted the power by the circuit<\/span> court<\/span> that appointed him in a proceeding in which the custodial trustee<\/span> is made a party<\/span>. If not previously terminated, the custodial trust terminates on the death of the beneficiary<\/span>. A transferor<\/span> may not terminate a custodial trust except as provided in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person<\/span> may augment existing custodial trust property<\/span> by the addition of other property pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The transferor<\/span> may designate, or authorize the designation of, a successor custodial trustee<\/span> in the trust instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODIAL TRUST; CREATION AND TERMINATION; GENERAL PROVISIONS (\u00a7 64.2-901)\n\nA. A person may create a custodial trust of property by a written transfer of\nthe property to another person, evidenced by registration if the property is of\na type subject to registration, or by other instrument of transfer, executed in\nany lawful manner, naming as beneficiary an individual who may be the\ntransferor, in which the transferee is designated, in substance, as custodial\ntrustee under this chapter.\n\nB. In addition, a person may create a custodial trust of property by a written\ndeclaration, evidenced by registration of the property if the property is of a\ntype subject to registration, or by other instrument of declaration, executed in\nany lawful manner, describing the property and naming as beneficiary an\nindividual other than the declarant, in which the declarant as titleholder is\ndesignated, in substance, as custodial trustee under this chapter. A\nregistration or other declaration of trust for the sole benefit of the declarant\nis not a custodial trust under this chapter.\n\nC. Title to custodial trust property is in the custodial trustee and the\nbeneficial interest is in the beneficiary.\n\nD. The beneficiary, if not incapacitated, may terminate a custodial trust by\ndelivering to the custodial trustee a writing signed by the beneficiary\ndeclaring the termination. The conservator of an incapacitated beneficiary may\nsimilarly terminate the custodial trust in this manner but only if granted the\npower by the circuit court that appointed him in a proceeding in which the\ncustodial trustee is made a party. If not previously terminated, the custodial\ntrust terminates on the death of the beneficiary. A transferor may not terminate\na custodial trust except as provided in this subsection.\n\nE. Any person may augment existing custodial trust property by the addition of\nother property pursuant to this chapter.\n\nF. The transferor may designate, or authorize the designation of, a successor\ncustodial trustee in the trust instrument.\n\nG. This chapter does not displace or restrict other means of creating trusts. A\ntrust whose terms do not conform to this chapter may be enforceable according to\nits terms under other law.\n\nHISTORY: 1990, c. 264, \u00a7 55-34.2; 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}}