{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-911.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-911.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-911.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-911.html"}],"law_id":60757,"edition_id":1,"section_id":60757,"structure_id":13564,"section_number":"64.2-911","catch_line":"Liability to third person; exceptions","history":"1990, c. 264, \u00a7 55-34.12; 2012, c. 614.","full_text":"A\n\nA claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.B\n\nA custodial trustee is not personally liable to a third person (i) on a contract properly entered into in a fiduciary capacity, unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract, or (ii) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.C\n\nThis section does not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.","order_by":null,"text":{"0":{"id":222114,"text":"A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222115,"text":"A custodial trustee is not personally liable to a third person (i) on a contract properly entered into in a fiduciary capacity, unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract, or (ii) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault. A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222116,"text":"This section does not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-911\/","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":false,"refers_to":false,"permalink":{"id":274781,"object_type":"law","relational_id":60757,"identifier":"64.2-911","token":"64.2\/III\/9\/64.2-911","url":"\/64.2-911\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-911\/","token":"64.2\/III\/9\/64.2-911","dublin_core":{"Title":"Liability to third person; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-911","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A claim based on a contract<\/span> entered into by a custodial trustee<\/span> acting in a fiduciary<\/span> capacity, an obligation arising from the ownership or control of custodial trust property<\/span>, or a tort<\/span> committed in the course of administering the custodial trust, may be asserted by a third person<\/span> against the custodial trust property<\/span> by proceeding against the custodial trustee<\/span> in a fiduciary<\/span> capacity, whether or not the custodial trustee<\/span> or the beneficiary<\/span> is personally liable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A custodial trustee<\/span> is not personally liable to a third person<\/span> (i) on a contract<\/span> properly entered into in a fiduciary<\/span> capacity, unless the custodial trustee<\/span> fails to reveal that capacity or to identify the custodial trust in the contract<\/span>, or (ii) for an obligation arising from control of custodial trust property<\/span> or for a tort<\/span> committed in the course of the administration of the custodial trust unless the custodial trustee<\/span> is personally at fault. A beneficiary<\/span> is not personally liable to a third person<\/span> for an obligation arising from beneficial ownership of custodial trust property<\/span> or for a tort<\/span> committed in the course of administration of the custodial trust unless the beneficiary<\/span> is personally in possession<\/span> of the custodial trust property<\/span> giving rise to the liability or is personally at fault. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section does not preclude actions or proceedings to establish liability of the custodial trustee<\/span> or beneficiary<\/span> to the extent the person<\/span> sued is protected as the insured by liability insurance. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY TO THIRD PERSON; EXCEPTIONS (\u00a7 64.2-911)\n\nA. A claim based on a contract entered into by a custodial trustee acting in a\nfiduciary capacity, an obligation arising from the ownership or control of\ncustodial trust property, or a tort committed in the course of administering the\ncustodial trust, may be asserted by a third person against the custodial trust\nproperty by proceeding against the custodial trustee in a fiduciary capacity,\nwhether or not the custodial trustee or the beneficiary is personally liable.\n\nB. A custodial trustee is not personally liable to a third person (i) on a\ncontract properly entered into in a fiduciary capacity, unless the custodial\ntrustee fails to reveal that capacity or to identify the custodial trust in the\ncontract, or (ii) for an obligation arising from control of custodial trust\nproperty or for a tort committed in the course of the administration of the\ncustodial trust unless the custodial trustee is personally at fault. A\nbeneficiary is not personally liable to a third person for an obligation arising\nfrom beneficial ownership of custodial trust property or for a tort committed in\nthe course of administration of the custodial trust unless the beneficiary is\npersonally in possession of the custodial trust property giving rise to the\nliability or is personally at fault.\n\nC. This section does not preclude actions or proceedings to establish liability\nof the custodial trustee or beneficiary to the extent the person sued is\nprotected as the insured by liability insurance.\n\nHISTORY: 1990, c. 264, \u00a7 55-34.12; 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}}