                                 CODE OF VIRGINIA

LIMITATION ON ACTION CONTESTING VALIDITY OF REVOCABLE TRUST; DISTRIBUTION OF
TRUST PROPERTY (§ 64.2-753)

A. A person may commence a judicial proceeding to contest the validity of a
trust that was revocable at the settlor&#8217;s death within the earlier of:

   1. Two years after the settlor&#8217;s death; or

   2. Six months after the trustee sent the person a copy of the trust instrument
   and a notice informing the person of the trust&#8217;s existence, of the
   trustee&#8217;s name and address, and of the time allowed for commencing a
   proceeding.

B. Upon the death of the settlor of a trust that was revocable at the
settlor&#8217;s death, the trustee may proceed to distribute the trust property
in accordance with the terms of the trust. The trustee is not subject to
liability for doing so unless:

   1. The trustee knows of a pending judicial proceeding contesting the validity
   of the trust; or

   2. A potential contestant has notified the trustee of a possible judicial
   proceeding to contest the trust and a judicial proceeding is commenced within
   60 days after the contestant sent the notification.

C. A beneficiary of a trust that is determined to have been invalid is liable to
return any distribution received.

HISTORY: 2005, c. 935, § 55-546.04; 2007, c. 218; 2012, c. 614.