                                 CODE OF VIRGINIA

TRANSFER OF PROCEEDS OF SALE OF REAL ESTATE OF NONRESIDENT BENEFICIARY TO
FOREIGN FIDUCIARY (§ 64.2-1428)

When the proceeds of sale of the real estate of an infant, incapacitated person,
or cestui que trust are invested, or required to be invested under the direction
of the circuit court, and the infant, incapacitated person, or cestui que trust
does not reside in the Commonwealth, on the petition of a guardian, committee,
conservator, or trustee lawfully appointed or qualified in the state or country
of residence of the infant, incapacitated person, or cestui que trust, the court
under whose direction such proceeds are so invested, or required to be invested,
may, with the consent of the persons residing in the Commonwealth who would be
the heirs of the infant, incapacitated person, or cestui que trust, if he were
dead, order such proceeds to be paid and delivered to the foreign guardian,
committee, conservator, or trustee, or his agent or attorney, and removed by him
to the state or country in which he was appointed and qualified. The court may
refuse to permit the payment and delivery if the court determines that the
removal of the trust subject will defeat or conflict with the provisions of the
deed, will, or other instrument creating the trust.

HISTORY: Code 1919, § 5351; Code 1950, § 26-61; 1997, c. 801; 2012, c. 614.