Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 2. Parties » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 8.01-6.3 (2026)

Actions or suits against fiduciaries; style of the case; amendment of pleading

✓ current as of May 2026
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A. In any action or suit required to be prosecuted or defended by or in the name of a fiduciary, including a personal representative, trustee, conservator, or guardian, the style of the case in regard to the fiduciary shall be substantially in the following form: "(Name of fiduciary), (type of fiduciary relationship), (Name of the subject of the fiduciary relationship)."

B. Any pleading filed that does not conform to the requirements of subsection A but otherwise identifies the proper parties shall be amended on the motion of any party or by the court on its own motion. Such amendment relates back to the date of the original pleading.

2010, c. 437.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2013–2026 · leading case: Ray v. Ready, 822 S.E.2d 181 (Va. 2018).
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Ray v. Ready, 822 S.E.2d 181 (Va. 2018). · cites it 12× “In 2010, the year after James was decided, the General Assembly enacted Code § 8.01-6.3, addressing the situation presented in both Swann and James in which an error is made in naming a fiduciary.”
The Est. of Marion Edmonds, et al. v. First Horizon Bank, et al. (E.D. Va. 2026). · cites it 9× “3(b) “creates a safe-harbor for errors” where a pleading identifies the proper parties but fails to conform to the naming convention set forth in Va. Code § 8.01-6.3(A)). Here, as the proper parties are identified, the Court will, on its own motion, amend the styling of the case…”
Debra K. Clutteur v. Nancy C. Rosier (Va. Ct. App. 2023). · cites it 4× “8 Although Code § 8.01-6.3 authorizes—without time limit—the substitution of a personal representative for an improperly named party in any action “required to be .”
Susan W. Forest v. John P. Forest, II of the Est. of Christopher M. Forest (Va. Ct. App. 2013). · cites it 4× “1 Executor argues that this appeal must be dismissed due to what he contends is a defect in the pleadings filed by wife because the captions of such pleadings have not identified executor as acting in his capacity as the executor of the estate, as executor contends was required…”
— Va. Code Ann. § 8.01-6.3(A) — 2 cases
The Est. of Marion Edmonds, et al. v. First Horizon Bank, et al. (E.D. Va. 2026). “3(b) “creates a safe-harbor for errors” where a pleading identifies the proper parties but fails to conform to the naming convention set forth in Va. Code § 8.01-6.3(A)). Here, as the proper parties are identified, the Court will, on its own motion, amend the styling of the case…”
Susan W. Forest v. John P. Forest, II of the Est. of Christopher M. Forest (Va. Ct. App. 2013). “1 Executor argues that this appeal must be dismissed due to what he contends is a defect in the pleadings filed by wife because the captions of such pleadings have not identified executor as acting in his capacity as the executor of the estate, as executor contends was required…”
— Va. Code Ann. § 8.01-6.3(B) — 3 cases
Ray v. Ready, 822 S.E.2d 181 (Va. 2018). “In 2010, the year after James was decided, the General Assembly enacted Code § 8.01-6.3, addressing the situation presented in both Swann and James in which an error is made in naming a fiduciary.”
The Est. of Marion Edmonds, et al. v. First Horizon Bank, et al. (E.D. Va. 2026). “3(b) “creates a safe-harbor for errors” where a pleading identifies the proper parties but fails to conform to the naming convention set forth in Va. Code § 8.01-6.3(A)). Here, as the proper parties are identified, the Court will, on its own motion, amend the styling of the case…”
Susan W. Forest v. John P. Forest, II of the Est. of Christopher M. Forest (Va. Ct. App. 2013). “1 Executor argues that this appeal must be dismissed due to what he contends is a defect in the pleadings filed by wife because the captions of such pleadings have not identified executor as acting in his capacity as the executor of the estate, as executor contends was required…”
— Va. Code Ann. § 8.01-6.3(b) — 1 case
The Est. of Marion Edmonds, et al. v. First Horizon Bank, et al. (E.D. Va. 2026). “3(b) “creates a safe-harbor for errors” where a pleading identifies the proper parties but fails to conform to the naming convention set forth in Va. Code § 8.01-6.3(A)). Here, as the proper parties are identified, the Court will, on its own motion, amend the styling of the case…”
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