                                 CODE OF VIRGINIA

NOTICE REQUIRED; CERTAIN SUBSTITUTIONS VALIDATED (§ 64.2-1406)

A. Reasonable notice of a motion made pursuant to &#xA7; 64.2-1405 for the
appointment of a substitute trustee shall be provided to all persons interested
in the execution of the trust other than the moving party. If any interested
person is under 18 years of age, the circuit court or clerk shall appoint a
discreet and competent attorney-at-law as guardian ad litem for such person on
whom notice may be served. If any interested person is incapacitated or
incarcerated, the notice shall be served on his committee, guardian, or
conservator, if any, or if none exists, the court or clerk shall appoint a
discreet and competent attorney-at-law as a guardian ad litem for such person on
whom notice may be served. Notice does not need to be given to a trustee or, if
one has previously been appointed, a substitute trustee who no longer resides
the Commonwealth, declined to accept the trust, or resigned, or to the personal
representative of a deceased trustee, or to a corporate trustee that has been
adjudicated bankrupt or that has lost its charter.

B. In the case of the substitution of the trustee in a deed of trust securing
the payment of indebtedness, notice of the motion made pursuant to &#xA7;
64.2-1405 need only be given to the trustee or, if one has previously been
appointed, to the substitute trustee unless notice to him is not required
pursuant to subsection A; any beneficiaries appearing of record or known to the
moving party; any debtors mentioned in the deed of trust; any persons who may be
shown by the deed records to have assumed payment of the indebtedness in whole
or in part; and the person in whom the equitable title to the property conveyed
by the deed of trust is vested at the time of the motion as shown by the deed
records. In such case when the written notice of motion has been filed in the
clerk&#8217;s office of the court having jurisdiction as defined in &#xA7;
64.2-1405, service of the notice as to all parties mentioned in &#xA7; 8.01-316
may be made in conformity with the provisions of &#xA7;&#xA7; 8.01-316,
8.01-317, 8.01-318, 8.01-320, 8.01-322, and 8.01-323.

C. Any decree or order of substitution heretofore made by a court of competent
jurisdiction is hereby validated.

D. Nothing in this section shall be construed as preventing a court from
substituting a trustee in a suit instituted for that purpose.

HISTORY: Code 1919, § 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p.
337; Code 1950, § 26-50; 1972, c. 825; 1997, c. 921; 2012, c. 614.