Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of electronic communications sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument, or a certification of the trust under § 64.2-804 that includes consent to disclosure of the content of electronic communications to the trustee;
3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
b. Evidence linking the account to the trust.
2017, cc. 33, 80.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 1 - Definitions and General Provisions
§ 64.2-101. Construction of generic terms
§ 64.2-102. Meaning of child and related terms
§ 64.2-103. Evidence of paternity
§ 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
§ 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
§ 64.2-108.1. References to former sections, articles, or chapters
§ 64.2-108.2. Provision in certain trust void
§ 64.2-118. User direction for disclosure of digital assets
§ 64.2-119. Terms-of-service agreement
§ 64.2-120. Procedure for disclosing digital assets
§ 64.2-121. Disclosure of content of electronic communications of deceased user
§ 64.2-122. Disclosure of other digital assets of deceased user
§ 64.2-123. Disclosure of content of electronic communications of principal
§ 64.2-124. Disclosure of other digital assets of principal
§ 64.2-125. Disclosure of digital assets held in trust when trustee is original user
§ 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user
§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person
§ 64.2-129. Fiduciary duty and authority
§ 64.2-130. Custodian compliance and immunity
§ 64.2-131. Uniformity of application and construction
§ 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act