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. § 64.2-720 (2026)

Requirements for creation

✓ current as of May 2026
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A. A trust is created only if:

1. The settlor has capacity to create a trust; or when the trust is created by the settlor's agent under a power of attorney, which expressly authorizes the agent to create a trust on the settlor's behalf;

2. The settlor or his agent indicates an intention to create the trust;

3. The trust has a definite beneficiary or is:

a. A charitable trust;

b. A trust for the care of an animal, as provided in § 64.2-726; or

c. A trust for a noncharitable purpose, as provided in § 64.2-727;

4. The trustee has duties to perform; and

5. The same person is not the sole trustee and sole beneficiary.

B. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

C. A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

2005, c. 935, § 55-544.02; 2010, cc. 455, 632; 2012, c. 614.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2013–2021 · leading case: The Nw. Mut. Life Ins. Co. v. Moore (E.D. Va. 2021).
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The Nw. Mut. Life Ins. Co. v. Moore (E.D. Va. 2021). · cites it 3× “2-701); Va. Code § 64.2-720 (“A trust is created only if .”
In re Est. of Brown, 87 Va. Cir. 353 (Fairfax Cir. Ct. 2013). · cites it 3× ““ Va. Code § 64.2-720. The Brown Trust meets all the requisite elements of a valid trust.”
Oliver v. Hines, 965 F. Supp. 2d 708 (E.D. Va. 2013). · cites it 2× “Conclusions of Law • Both parties agree that Virginia Code § 64.2-720(A) provides the relevant requirements for the creation of a trust.”
Va. Code Ann. § 64.2-720(A): 1 case
Oliver v. Hines, 965 F. Supp. 2d 708 (E.D. Va. 2013). “Conclusions of Law • Both parties agree that Virginia Code § 64.2-720(A) provides the relevant requirements for the creation of a trust.”
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