Virginia Code
Va. Code Ann. § 64.2-792 (2026)
Remedies for breach of trust
✓ laws through the 2026 session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
VA-LISlaw.lis.virginia.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
B. To remedy a breach of trust that has occurred or may occur, the court may:
1. Compel the trustee to perform the trustee's duties;
2. Enjoin the trustee from committing a breach of trust;
3. Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
4. Order a trustee to account;
5. Appoint a special fiduciary to take possession of the trust property and administer the trust;
6. Suspend the trustee;
7. Remove the trustee as provided in § 64.2-759;
8. Reduce or deny compensation to the trustee;
9. Subject to § 64.2-803, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
10. Order any other appropriate relief.
Notes of Decisions
Cited in 11
cases (10 in the last 5 years), 2014–2026 · leading case: Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025).
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025). “9 In Virginia, the remedies available for a breach of trust have been codified in Code § 64.2-792 of our Uniform Trust Code.”
Keil v. Seth Corp., No. 3:21-cv-00153 (E.D. Va. Nov. 2, 2021). “” Va. Code Ann. § 64.2-792 (A). That same code provision sets forth the remedies for such a breach.”
Ann LaRue Harper v. George D. Scheulen, No. 1162244 (Va. Ct. App. Nov. 5, 2025). “For example, Code § 64.2-792 states that, in the event that a trustee is removed for a breach of trust, the circuit court may appoint “a special fiduciary” of the court’s choosing to replace the trustee.”
Stavros P. Galiotos v. Tasos A. Galiotos, No. 0068241 (Va. Ct. App. Dec. 30, 2024). “” Fourth, Code § 64.2-792 (UTC § 1001), governing “Remedies for breach of trust,” empowers a trial court to “[c]ompel the trustee to redress a breach of trust by paying money, restoring property, or other means” (subsection (B)(3)), or to “[o]rder any other appropriate relief”…”
Paul Galiotos v. Tasos A. Galiotos, No. 0077241 (Va. Ct. App. Dec. 30, 2024). “” Fourth, Code § 64.2-792 (UTC § 1001), governing “Remedies for breach of trust,” empowers a trial court to “[c]ompel the trustee to redress a breach of trust by paying money, restoring property, or other means” (subsection (B)(3)), or to “[o]rder any other appropriate relief”…”
James Craig Kelly v. Michael Molosso, No. 0706241 (Va. Ct. App. Oct. 21, 2025). “In his complaint, Craig requested money damages, restoration of the Trust property, removal of the trustee, and a denial of compensation to the trustee, pursuant to Code § 64.2-792(B).5 Craig also sought a declaratory judgment from the trial court as to the validity of the…”
R.B. v. C.C., No. 22-P-0520 (Mass. App. Ct. Oct. 6, 2023). “" Va. Code Ann. § 64.2-792 (A). Removal is one remedy.”
Trimmer v. Savage, 89 Va. Cir. 135 (Henrico Cir. Ct. 2014). “See Va. Code § 64.2-792(B)(3). Second, he claims that his sisters should pay Petitioner’s attorney’s fees and costs in this action, pursuant to the Uniform Trust Code, Va.”
Weinraub v. Bank of Am., N.A., No. 1:24-cv-03780 (N.D. Ga. Aug. 7, 2025). “” Va. Code § 64.2-792; § 64.2-701 (defining a “beneficiary” as including persons with a “present or future, vested or contingent, beneficial interest in a trust”).”
Convisser, No. 3:24-cv-00072 (W.D. Va. Oct. 15, 2025). “A third party, Family Heritage Trust Company, serves as Trustee of both the Convisser Family Trust and the Claude Convisser Trust.”
Dorothy Fulks v. John D. Fulks, 929 S.E.2d 467 (Va. Ct. App. 2026). “But the drafters also cautioned that the model code “does not preclude the possibility that a particular enacting jurisdiction might not follow [such] norms.”
Va. Code Ann. § 64.2-792(A): 3 cases
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025). “9 In Virginia, the remedies available for a breach of trust have been codified in Code § 64.2-792 of our Uniform Trust Code.”
Stavros P. Galiotos v. Tasos A. Galiotos, No. 0068241 (Va. Ct. App. Dec. 30, 2024). “” Fourth, Code § 64.2-792 (UTC § 1001), governing “Remedies for breach of trust,” empowers a trial court to “[c]ompel the trustee to redress a breach of trust by paying money, restoring property, or other means” (subsection (B)(3)), or to “[o]rder any other appropriate relief”…”
Paul Galiotos v. Tasos A. Galiotos, No. 0077241 (Va. Ct. App. Dec. 30, 2024). “” Fourth, Code § 64.2-792 (UTC § 1001), governing “Remedies for breach of trust,” empowers a trial court to “[c]ompel the trustee to redress a breach of trust by paying money, restoring property, or other means” (subsection (B)(3)), or to “[o]rder any other appropriate relief”…”
Va. Code Ann. § 64.2-792(B): 2 cases
Kositzka, Wicks & Co. v. Alfred C. Fick, No. 1653234 (Va. Ct. App. Jan. 21, 2025). “9 In Virginia, the remedies available for a breach of trust have been codified in Code § 64.2-792 of our Uniform Trust Code.”
James Craig Kelly v. Michael Molosso, No. 0706241 (Va. Ct. App. Oct. 21, 2025). “In his complaint, Craig requested money damages, restoration of the Trust property, removal of the trustee, and a denial of compensation to the trustee, pursuant to Code § 64.2-792(B).5 Craig also sought a declaratory judgment from the trial court as to the validity of the…”
Va. Code Ann. § 64.2-792(B)(10): 1 case
Dorothy Fulks v. John D. Fulks, 929 S.E.2d 467 (Va. Ct. App. 2026). “But the drafters also cautioned that the model code “does not preclude the possibility that a particular enacting jurisdiction might not follow [such] norms.”
Va. Code Ann. § 64.2-792(B)(3): 1 case
Trimmer v. Savage, 89 Va. Cir. 135 (Henrico Cir. Ct. 2014). “See Va. Code § 64.2-792(B)(3). Second, he claims that his sisters should pay Petitioner’s attorney’s fees and costs in this action, pursuant to the Uniform Trust Code, Va.”
Va. Code Ann. § 64.2-792(B)(5): 1 case
Ann LaRue Harper v. George D. Scheulen, No. 1162244 (Va. Ct. App. Nov. 5, 2025). “For example, Code § 64.2-792 states that, in the event that a trustee is removed for a breach of trust, the circuit court may appoint “a special fiduciary” of the court’s choosing to replace the trustee.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.