                                 CODE OF VIRGINIA

COURT INVOLVEMENT (§ 64.2-779.6)

A. On application of an authorized fiduciary, a person entitled to notice under
subsection C of &#xA7; 64.2-779.5, a beneficiary, or with respect to a
charitable interest the Attorney General or other person that has standing to
enforce the charitable interest, the court may (i) provide instructions to the
authorized fiduciary regarding whether a proposed exercise of the decanting
power is permitted under this article and consistent with the fiduciary duties
of the authorized fiduciary; (ii) appoint a special fiduciary and authorize the
special fiduciary to determine whether the decanting power should be exercised
under this article and to exercise the decanting power; (iii) approve an
exercise of the decanting power; (iv) determine that a proposed or attempted
exercise of the decanting power is ineffective because (a) after applying &#xA7;
64.2-779.19, the proposed or attempted exercise does not or did not comply with
this article or (b) the proposed or attempted exercise would be or was an abuse
of the fiduciary&#8217;s discretion or a breach of fiduciary duty; (v) determine
the extent to which &#xA7; 64.2-779.19 applies to a prior exercise of the
decanting power; (vi) provide instructions to the trustee regarding the
application of &#xA7; 64.2-779.19 to a prior exercise of the decanting power; or
(vii) order other relief to carry out the purposes of this article.

B. On application of an authorized fiduciary, the court may approve (i) an
increase in the fiduciary&#8217;s compensation under &#xA7; 64.2-779.13 or (ii)
a modification under &#xA7; 64.2-779.15 of a provision granting a person the
right to remove or replace the fiduciary.

HISTORY: 2017, c. 592.