Virginia Code

Va. Code Ann. § 64.2-700 (2026)

Scope

✓ current as of May 2026
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A. This chapter applies to express inter vivos trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. This chapter also applies to testamentary trusts, except to the extent that specific provision is made for them in Part A (§ 64.2-1200 et seq.) of Subtitle IV or elsewhere in the Code of Virginia, or to the extent it is clearly inapplicable to them. Section 64.2-775, which provides the duties of a trustee to inform and report to the trust's beneficiaries, shall apply to testamentary trusts. For purposes of this subsection, the word "trust" and the words "trustee" or "fiduciary," as used in Part A (§ 64.2-1200 et seq.) of Subtitle IV, shall be deemed to refer to testamentary trusts and testamentary trustees, except to the extent that the use of such words is clearly inapplicable to testamentary trusts and testamentary trustees. This chapter shall not apply to:

1. A trust that is primarily used for business, investment, or commercial transactions, including business trusts, land trusts (§ 55.1-117), deeds of trusts (Article 2 (§ 55.1-316 et seq.) of Chapter 3 of Title 55.1), voting trusts, common trust funds, security arrangements, liquidation trusts, trusts created by deposit arrangement in a financial institution, and trusts created for paying debts, dividends, interest, or profits.

2. A trust that is used primarily for employment including trusts created for paying salaries, wages, pensions, or employee benefits of any kind.

3. A trust under which a person is a nominee or escrowee for another.

4. Other special purpose trusts governed by particular statutes, including trusts under Title 57.

B. Notwithstanding subsection A, a court, in exercising jurisdiction over the supervision or administration of trusts, may determine that application of the policies, procedures, or rules of the Code is appropriate to resolution of particular issues.

2005, c. 935, § 55-541.02; 2012, c. 614.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2013–2026 · leading case: Crosby v. ALG Tr., LLC, 822 S.E.2d 185 (Va. 2018).
Crosby v. ALG Tr., LLC, 822 S.E.2d 185 (Va. 2018). · cites it 4× “2-700(A)(1) (expressly excluding trustees under deeds of trust from the provisions of the Uniform Trust Code, Code §§ 64.2-700 through -808). The Uniform Trust Code expressly supplements, rather than supplants, the common law of trusts.”
Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co., 532 S.W.3d 243 (Tenn. 2017). “14A, §§ 101 to 1204 (2010); Va. Code Ann. §§ 64.2-700 to 64.2-808 (2012); W, Va.”
Stavros P. Galiotos, Individually, etc. v. Tasos A. Galiotos, Individually, etc. (Va. Ct. App. 2024). · cites it 2× “614 (codified as amended at Code §§ 64.2-700 to -808). “In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.”
Paul Galiotos, Individually, etc. v. Tasos A. Galiotos, Individually, etc. (Va. Ct. App. 2024). · cites it 2× “614 (codified as amended at Code §§ 64.2-700 to -808). “In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.”
Kositzka, Wicks & Co., etc. v. Alfred C. Fick, etc. (Va. Ct. App. 2025). · cites it 2× ““A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust.”
Dorothy Fulks v. John D. Fulks (Va. Ct. App. 2026). · cites it 2× “935 (codified as amended at Code §§ 64.2-700 to -808); see generally Galiotos v.”
Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2017). “14A, §§ 101 to 1204 (2010); Va. Code Ann. §§ 64.2-700 to 64.2-808 (2012); W.”
Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. 2017). “14A, §§ 101 to 1204 (2010); Va. Code Ann. §§ 64.2-700 to 64.2-808 (2012); W.”
In re Est. of Brown, 87 Va. Cir. 353 (Fairfax Cir. Ct. 2013). “Virginia follows the Uniform Trust Code, which has been codified in the Virginia Code, starting at § 64.2-700. The Code first specifies that a valid trust may be created by a will or by another disposition taking effect upon the settlor’s death.”
Va. Code Ann. § 64.2-700(A)(1): 1 case
Crosby v. ALG Tr., LLC, 822 S.E.2d 185 (Va. 2018). “2-700(A)(1) (expressly excluding trustees under deeds of trust from the provisions of the Uniform Trust Code, Code §§ 64.2-700 through -808). The Uniform Trust Code expressly supplements, rather than supplants, the common law of trusts.”
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