A. A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust. A trustee who fails to furnish information to a beneficiary or respond to a request for information regarding the administration of the trust in a good faith belief that to do so would be unreasonable under the circumstances or contrary to the purposes of the settlor shall not be subject to removal or other sanctions therefor.
B. A trustee:
1. Upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
2. Within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number;
3. Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in subsection C; and
4. Shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation.
C. A trustee shall send to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report shall be sent to the qualified beneficiaries by the former trustee. A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.
D. A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
E. Subdivisions B 2 and B 3 and subsection C apply only to an irrevocable trust created on or after the effective date of this chapter, and to a revocable trust that becomes irrevocable on or after the effective date of this chapter.
2005, c. 935, § 55-548.13; 2007, c. 254; 2012, c. 614.
Notes of Decisions
Cited in
13
cases (
10 in the last 5 years), 2014–2026 · leading case:
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015).
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015).
· cites it 12× “Soon after Paul had sent the letters to Guare and Margaret, Paul and Basil received separate letters from Rafalko, sent pursuant to Code § 64.2-775, which provided a copy of Dimitri’s will and trust.”
Burton v. Dolph, 89 Va. Cir. 101 (Norfolk Cir. Ct. 2014).
· cites it 4× “2-771; and (iii) the duty to inform the beneficiaries of any information that may materially affect the beneficiaries’ interests in the tmst property under Virginia Code § 64.2-775. Despite Old Point Tmst’s contentions to the contrary, the factual assertions in the Complaint…”
Hunter v. Hunter, 838 S.E.2d 721 (Va. 2020).
· cites it 9× “13 and recodified its language in current Code § 64.2-775 without any substantive amendments.”
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025).
· cites it 8× “Code § 64.2-775(A) provides, “A trustee shall keep the qualified beneficiaries 12 of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Keil v. Seth Corp., No. 3:21-cv-00153 (E.D. Va. Nov. 2, 2021).
· cites it 4× “§ 64.2-775 (A). This requirement applies to all trustees, as the definition of “trustee” includes “an original, additional, and successor trustee and a cotrustee.”
Eleanor A. Hunter v. Charles M. Hunter, Jr., No. 1087221 (Va. Ct. App. Oct. 31, 2023).
· cites it 3× “Eleanor filed a counterclaim that asserted that Chip’s complaint violated the no-contest provisions because he sought to avoid the trust agreements’ waiver of the trustee’s inform-and-report obligations under Code § 64.2-775. She argued that Chip’s complaint violated the…”
Dorothy Fulks v. John D. Fulks, 929 S.E.2d 467 (Va. Ct. App. 2026).
· cites it 3× “A report as described in subsection C of § 64.2-775, for the immediately preceding two years;13 b.”
Naja v. Zahir, No. 3:21-cv-00361, 2021 WL 5348671 (E.D. Va. Nov. 16, 2021).
· cites it 2× “§ 64.2-775, which provides in relevant part that “[a] trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Naja v. Ahmed, No. 3:21-cv-00644 (E.D. Va. Nov. 16, 2021).
· cites it 2× “§ 64.2-775, which provides in relevant part that “[a] trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Naja v. Peters, No. 3:21-cv-00588 (E.D. Va. Nov. 16, 2021).
· cites it 2× “§ 64.2-775, which provides in relevant part that “[a] trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Ince v. Ince, No. 3:21-cv-00586 (E.D. Va. Nov. 16, 2021).
· cites it 2× “§ 64.2-775, which provides in relevant part that “[a] trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Zahir v. Hogan, No. 3:21-cv-00547 (E.D. Va. Nov. 16, 2021).
· cites it 2× “§ 64.2-775, which provides in relevant part that “[a] trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Va. Code Ann. § 64.2-775(A): 1 case
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025).
“Code § 64.2-775(A) provides, “A trustee shall keep the qualified beneficiaries 12 of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Va. Code Ann. § 64.2-775(B): 2 cases
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015).
“Soon after Paul had sent the letters to Guare and Margaret, Paul and Basil received separate letters from Rafalko, sent pursuant to Code § 64.2-775, which provided a copy of Dimitri’s will and trust.”
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025).
“Code § 64.2-775(A) provides, “A trustee shall keep the qualified beneficiaries 12 of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.”
Va. Code Ann. § 64.2-775(B)(3): 1 case
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015).
“Soon after Paul had sent the letters to Guare and Margaret, Paul and Basil received separate letters from Rafalko, sent pursuant to Code § 64.2-775, which provided a copy of Dimitri’s will and trust.”
Va. Code Ann. § 64.2-775(C): 1 case
Dorothy Fulks v. John D. Fulks, 929 S.E.2d 467 (Va. Ct. App. 2026).
“A report as described in subsection C of § 64.2-775, for the immediately preceding two years;13 b.”
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