Va. Code » Title 64.2. Wills, Trusts, and Fiduciaries » Subtitle III. Trusts » Chapter 7. Uniform Trust Code » Article 10. Liability of Trustees and Rights of Persons Dealing with Trustee
Virginia Code

Va. Code Ann. § 64.2-795 (2026)

Attorney fees and costs

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.

2005, c. 935, § 55-550.04; 2012, c. 614.

Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2014–2025 · leading case: Reineck v. Lemen, 792 S.E.2d 269 (Va. 2016).
Sort: Relevance Newest Treatment
Reineck v. Lemen, 792 S.E.2d 269 (Va. 2016). · cites it 14× “We also consider whether the trial court erred in awarding attorney's fees against the personal representative of an estate 1 in his personal capacity under Code § 64.2-795. We affirm the trial court's reading of the power of attorney, but we reverse the award of attorney's fees.”
Rafalko v. Georgiadis, 777 S.E.2d 870 (Va. 2015). · cites it 14× “Consequently, the words “this trust agreement” as used in the September amendment must refer not to that amendment alone but to that amendment together and collectively with the August 27, 2012 trust agreement it amends.”
Lambert v. Sea Oats Condo. Ass'n, Inc., 798 S.E.2d 177 (Va. 2017). · cites it 2× “, Code § 64.2-795 (providing that a court " may award costs and expenses, including reasonable attorney's fees" (emphasis added)).”
Eleanor A. Hunter v. Charles M. Hunter, Jr., No. 1087221 (Va. Ct. App. Oct. 31, 2023). · cites it 12× “The circuit court, however, found that Eleanor’s attorney fees were reasonable and properly 3 “In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any…”
Stavros P. Galiotos, Individually, etc. v. Tasos A. Galiotos, Individually, etc., No. 0068241 (Va. Ct. App. Dec. 30, 2024). · cites it 12× “And finally, Code § 64.2-795 (UTC § 1004), governing “Attorney fees and costs,” provides broad equitable power for the circuit court to award attorney fees to “any party”: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may…”
Paul Galiotos, Individually, etc. v. Tasos A. Galiotos, Individually, etc., No. 0077241 (Va. Ct. App. Dec. 30, 2024). · cites it 12× “And finally, Code § 64.2-795 (UTC § 1004), governing “Attorney fees and costs,” provides broad equitable power for the circuit court to award attorney fees to “any party”: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may…”
Kositzka, Wicks & Co., etc. v. Alfred C. Fick, etc., No. 1653234 (Va. Ct. App. Jan. 21, 2025). · cites it 11× “We need not address this argument on appeal, for the same reasons stated above—the court’s finding on the health and welfare language was not dispositive as to its overall ruling, so whether the court changed course on its finding regarding this language during the trial is…”
Brabson v. Janosik, No. 22-03118 (Bankr. E.D. Va. June 8, 2023). · cites it 7× “1-2 at 2, which provides “[i]n a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the…”
Burton v. Dolph, 89 Va. Cir. 101 (Norfolk Cir. Ct. 2014). · cites it 2× “Specifically, the Comment to Uniform Trust Code § 1004 (codified verbatim at Virginia Code § 64.2-795) acknowledges that, in certain cases, litigation may be instituted by a beneficiary against a third party because the trustee has failed to do so himself.”
Ernest Brant v. Sondra J. Schneider, No. 0863234 (Va. Ct. App. May 28, 2024). · cites it 2× “Consistent with those principles, we hold that Rule 1:1A permits, but does not mandate, a prevailing appellee’s recovery of appellate attorney fees, costs, or both.”
Trimmer v. Savage, 89 Va. Cir. 135 (Henrico Cir. Ct. 2014). · cites it 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. Code § 64.2-795. In the alternative, he asks that Mrs.”
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.