                                 CODE OF VIRGINIA

NOTICE; EXERCISE OF DECANTING POWER (§ 64.2-779.5)

A. In this section, a notice period begins on the day notice is given under
subsection C and ends 59 days after the day notice is given.

B. Except as otherwise provided in this article, an authorized fiduciary may
exercise the decanting power without the consent of any person and without court
approval.

C. Except as otherwise provided in subsection F, an authorized fiduciary shall
give notice in a record of the intended exercise of the decanting power not
later than 60 days before the exercise to (i) each settlor of the first trust,
if living or then in existence; (ii) each qualified beneficiary of the first
trust; (iii) each holder of a presently exercisable power of appointment over
any part or all of the first trust; (iv) each person that currently has the
right to remove or replace the authorized fiduciary; (v) each other fiduciary of
the first trust; (vi) each fiduciary of the second trust; (vii) each person
acting as an advisor or protector of the first trust; (viii) each person holding
an adverse interest who has the power to consent to the revocation of the first
trust; and (ix) the Attorney General, if subsection B of &#xA7; 64.2-779.11
applies.

D. An authorized fiduciary is not required to give notice under subsection C to
a person that is not known to the fiduciary or is known to the fiduciary but
cannot be located by the fiduciary after reasonable diligence.

E. A notice under subsection C shall (i) specify the manner in which the
authorized fiduciary intends to exercise the decanting power, (ii) specify the
proposed effective date for exercise of the power, (iii) include a copy of the
first-trust instrument, and (iv) include a copy of all second-trust instruments.

F. The decanting power may be exercised before expiration of the notice period
under subsection A if all persons entitled to receive notice waive the period in
a signed record.

G. The receipt of notice, waiver of the notice period, or expiration of the
notice period does not affect the right of a person to file an application under
&#xA7; 64.2-779.6 asserting that (i) an attempted exercise of the decanting
power is ineffective because it did not comply with this article or was an abuse
of discretion or breach of fiduciary duty or (ii) &#xA7; 64.2-779.19 applies to
the exercise of the decanting power.

H. An exercise of the decanting power is not ineffective because of the failure
to give notice to one or more persons under subsection C if the authorized
fiduciary acted with reasonable care to comply with subsection C.

I. The decanting power under this article may be exercised by a majority of the
authorized fiduciaries. If no trustee is an authorized fiduciary or upon request
of any of the trustees, the court may appoint a special fiduciary pursuant to
&#xA7; 64.2-779.6 with authority to exercise the decanting power under this
article.

HISTORY: 2017, c. 592; 2018, c. 476.