A. For the purposes of this section, the phrase "deed or other writing" does not include a will.
B. Any trustee appointed by a deed or other writing where the deed or other writing requires that the trustee qualify shall not act as trustee until he has qualified before the circuit court or clerk by giving bond and taking oath that he will perform the duties of his office. The oath may be taken on behalf of a corporate trustee by its president or other officer.
C. Any trustee appointed by a deed or other writing where the deed or other writing does not require that the trustee qualify may voluntarily qualify. However, regardless of whether the deed or other writing does not require qualification, upon the request of any interested party, the administration of the trust shall be in the same manner as if qualification had been required by the terms of the deed or other writing creating it.
1968, c. 382, § 26-1.1; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 14 - Fiduciaries Generally
§ 64.2-1402. Jurisdiction for qualification of certain testamentary trustees and trustees generally
§ 64.2-1403. Qualification of trustees
§ 64.2-1404. New fiduciary appointed when authority of former revoked
§ 64.2-1406. Notice required; certain substitutions validated
§ 64.2-1407. Who to execute the trust until new trustee appointed
§ 64.2-1408. Circuit court may exercise same powers in suit to enforce or administer trust
§ 64.2-1409. Information to be provided to clerk by fiduciary
§ 64.2-1412. How trustee required to give bond; when to be removed and another appointed
§ 64.2-1414. Effect of orders of qualification of bank as committee or guardian
§ 64.2-1415. Liability for losses by negligence or failure to make defense
§ 64.2-1416. Liability of fiduciary for actions of cofiduciary
§ 64.2-1417. How judgment may be entered against personal representative, conservator, or committee
§ 64.2-1418. Court order for payments due from fiduciaries; effect
§ 64.2-1420. Clerk to mail notice, process, or rule to person served
§ 64.2-1421. What judgment or decree based upon service upon clerk shall specifically adjudicate
§ 64.2-1422. Environmental liability of fiduciaries
§ 64.2-1424. Resignation by fiduciary of his trust
§ 64.2-1425. How securities transferred to successor
§ 64.2-1426. Nonresident fiduciaries
§ 64.2-1429. Notice and bond required prior to transfer
§ 64.2-1430. When bond may be dispensed with
§ 64.2-1431. Sale of property and payment of proceeds to nonresident trustee
§ 64.2-1432. Discharge from liability of resident guardian, committee, conservator, or trustee