Va. Code » Title 64.2. Wills, Trusts, and Fiduciaries » Subtitle III. Trusts » Chapter 7. Uniform Trust Code » Article 4. Creation, Validity, Modification, and Termination of Trust
Virginia Code

Va. Code Ann. § 64.2-719 (2026)

Methods of creating trust

✓ current as of May 2026
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A. A trust may be created by:

1. Transfer of property to another person as trustee during the settlor's lifetime by the settlor or by the settlor's agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes the agent to create a trust on the settlor's behalf or by will or other disposition taking effect upon the settlor's death;

2. Declaration by the owner of property that the owner holds identifiable property as trustee;

3. Exercise of a power of appointment in favor of a trustee; or

4. A conservator acting in accordance with § 64.2-2023.

B. A circuit court, upon petition from an interested party, may create and establish a trust with such trustee and such terms as the court determines. In an order creating and establishing the trust, the court shall determine whether the trustee shall have a duty to qualify in the clerk's office; post bond, with or without surety; or file an inventory and annual accounting with the commissioner of accounts as would apply to a testamentary trustee.

2005, c. 935, § 55-544.01; 2010, cc. 455, 632; 2012, c. 614; 2013, c. 523; 2016, c. 186.

Notes of Decisions
Cited in 2 cases, 2014–2019 · leading case: Jimenez v. Corr, 288 Va. 395 (Va. 2014).
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Jimenez v. Corr, 288 Va. 395 (Va. 2014). · cites it 2× “Code § 64.2-719(1). In most trusts, 4 the trustee acquires legal title to the trust property, while "[t]he beneficiary is the equitable owner of trust property, in whole or in part.”
Virginia Int'l Gateway v. City of Portsmouth (Va. 2019). “1 The term “declarative of existing law” is used occasionally by the General Assembly when it wishes to clarify a statute or correct an interpretation of a statute with which it disagrees.”
Va. Code Ann. § 64.2-719(1): 1 case
Jimenez v. Corr, 288 Va. 395 (Va. 2014). “Code § 64.2-719(1). In most trusts, 4 the trustee acquires legal title to the trust property, while "[t]he beneficiary is the equitable owner of trust property, in whole or in part.”
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