Va. Code » Title 64.2. Wills, Trusts, and Fiduciaries » Subtitle III. Trusts » Chapter 7. Uniform Trust Code » Article 6. Revocable Trusts
Virginia Code

Va. Code Ann. § 64.2-751 (2026)

Revocation or amendment of revocable trust

✓ current as of May 2026
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A. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2006.

B. If a revocable trust is created or funded by more than one settlor:

1. To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;

2. To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and

3. Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

C. The settlor may revoke or amend a revocable trust:

1. By substantial compliance with a method provided in the terms of the trust; or

2. If the terms of the trust do not provide a method, by any method manifesting clear and convincing evidence of the settlor's intent.

D. Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

E. A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes such action except to the extent expressly prohibited by the terms of the trust.

F. A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only (i) to the extent expressly authorized by the terms of the trust or (ii) if authorized by the court supervising the conservatorship or guardianship for good cause shown.

G. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

2005, c. 935, § 55-546.02; 2010, cc. 455, 632; 2012, c. 614.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2015–2024 · leading case: Gelber v. Glock, 800 S.E.2d 800 (Va. 2017).
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Gelber v. Glock, 800 S.E.2d 800 (Va. 2017). · cites it 2× “See Code § 64.2-751(C)(1) ("The settlor may revoke or amend a revocable trust .”
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015). · cites it 4× “” Code § 64.2-751(C)(1). 31 applied when any beneficiary shall “directly or indirectly, by legal proceedings or otherwise, challenge or contest this trust agreement or any of its provisions, or shall attempt in any way to interfere with the administration of this trust according…”
Connie A. Kosmann, Putative Tr. of the Brown Living v. Edith Brown, by her Agent Nadine Seamans (Va. Ct. App. 2024). · cites it 9× “The circuit court noted that “although an agent under a power of attorney may amend a trust pursuant to Code § 64.2-751, subsection E therein provides that the trust itself may place limits on the agent’s powers.”
Gelber v. Glock (Va. 2017). · cites it 2× “See Code § 64.2-751(C)(1) (“The settlor may revoke or amend a revocable trust .”
Va. Code Ann. § 64.2-751(C)(1): 3 cases
Gelber v. Glock, 800 S.E.2d 800 (Va. 2017). “See Code § 64.2-751(C)(1) ("The settlor may revoke or amend a revocable trust .”
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015). “” Code § 64.2-751(C)(1). 31 applied when any beneficiary shall “directly or indirectly, by legal proceedings or otherwise, challenge or contest this trust agreement or any of its provisions, or shall attempt in any way to interfere with the administration of this trust according…”
Gelber v. Glock (Va. 2017). “See Code § 64.2-751(C)(1) (“The settlor may revoke or amend a revocable trust .”
Va. Code Ann. § 64.2-751(E): 1 case
Connie A. Kosmann, Putative Tr. of the Brown Living v. Edith Brown, by her Agent Nadine Seamans (Va. Ct. App. 2024). “The circuit court noted that “although an agent under a power of attorney may amend a trust pursuant to Code § 64.2-751, subsection E therein provides that the trust itself may place limits on the agent’s powers.”
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