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Virginia Code Title 64.2. Wills, Trusts, and Fiduciaries § 64.2-719. Methods of creating trust

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A. A trust may be created by:

1. Transfer of property to another person as trustee during the settlor's lifetime by the settlor or by the settlor's agent, acting in accordance with § 64.2-1612, under a power of attorney that expressly authorizes the agent to create a trust on the settlor's behalf or by will or other disposition taking effect upon the settlor's death;

2. Declaration by the owner of property that the owner holds identifiable property as trustee;

3. Exercise of a power of appointment in favor of a trustee;  or

4. A conservator acting in accordance with § 64.2-2023.

B. A circuit court, upon petition from an interested party, may create and establish a trust with such trustee and such terms as the court determines.  In an order creating and establishing the trust, the court shall determine whether the trustee shall have a duty to qualify in the clerk's office;  post bond, with or without surety;  or file an inventory and annual accounting with the commissioner of accounts as would apply to a testamentary trustee.

Cite this article: FindLaw.com - Virginia Code Title 64.2. Wills, Trusts, and Fiduciaries § 64.2-719. Methods of creating trust - last updated January 01, 2020 | https://codes.findlaw.com/va/title-64-2-wills-trusts-and-fiduciaries/va-code-sect-64-2-719/


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