                                 CODE OF VIRGINIA

GRANT OF CERTAIN POWERS TO PERSONAL REPRESENTATIVE OR TRUSTEE BY CIRCUIT COURT
(§ 64.2-106)

A. Upon the motion of a personal representative or trustee, a circuit court may
grant to the personal representative or trustee all or a part of the powers that
may be incorporated by reference pursuant to &#xA7; 64.2-105. If there is more
than one personal representative or trustee, the court may specify as to whether
the consent of all personal representatives or trustees or a majority thereof
shall be required to act, and in absence of such specification, the consent of
all such personal representatives or trustees to act shall be required.

B. Such motion shall be filed in the circuit court in which the personal
representative or trustee qualified, or if there was no qualification, the
circuit court for the jurisdiction in which the grantor resides or resided at
the time of his death, a trustee resides, or a corporate trustee has an office.
Such motion may be ex parte; however, the court, in its discretion, may require
such notice to and the convening of interested parties as it may deem proper in
each case. Notwithstanding the granting of or the failure to grant such powers,
the court shall have continuing jurisdiction to confer powers in addition to
those previously granted or to revoke any or all such powers previously granted
by the court. Such additional grant or revocation may also be ex parte.

C. The court may, in granting or withholding such powers, consider (i) whether
the personal representative or trustee was nominated by the decedent, the
grantor, or the beneficiaries; (ii) the number and capacity of the beneficiaries
and their ability or inability to consent to the acts of the personal
representative or trustee which are otherwise within the scope of &#xA7;
64.2-105; (iii) the relationship of the personal representative or trustee to
the beneficiaries; (iv) the character of the estate to be administered,
including any real estate which would be within the scope of the powers granted
by the provisions of &#xA7; 64.2-106; and (v) the capacity of the personal
representative or trustee to perform under the powers conferred and to answer
for any acts for which he might be held accountable under his bond.
			The court, in its discretion, may attach further conditions to such grant of
power in any manner which it shall deem necessary and proper.

D. In no case shall a court grant any powers, if the grant of such powers would
be contrary to the intention of the testator or grantor as implied from or as
expressed in the will or trust instrument, or would otherwise be inconsistent
with the disposition made in the will or trust instrument.

HISTORY: 1976, c. 437, § 64.1-57.1; 1985, c. 345; 1988, c. 345; 1999, c. 995;
2012, c. 614.