A. Reasonable notice of a motion made pursuant to § 64.2-1405 for the appointment of a substitute trustee shall be provided to all persons interested in the execution of the trust other than the moving party. If any interested person is under 18 years of age, the circuit court or clerk shall appoint a discreet and competent attorney-at-law as guardian ad litem for such person on whom notice may be served. If any interested person is incapacitated or incarcerated, the notice shall be served on his committee, guardian, or conservator, if any, or if none exists, the court or clerk shall appoint a discreet and competent attorney-at-law as a guardian ad litem for such person on whom notice may be served. Notice does not need to be given to a trustee or, if one has previously been appointed, a substitute trustee who no longer resides the Commonwealth, declined to accept the trust, or resigned, or to the personal representative of a deceased trustee, or to a corporate trustee that has been adjudicated bankrupt or that has lost its charter.
B. In the case of the substitution of the trustee in a deed of trust securing the payment of indebtedness, notice of the motion made pursuant to § 64.2-1405 need only be given to the trustee or, if one has previously been appointed, to the substitute trustee unless notice to him is not required pursuant to subsection A; any beneficiaries appearing of record or known to the moving party; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person in whom the equitable title to the property conveyed by the deed of trust is vested at the time of the motion as shown by the deed records. In such case when the written notice of motion has been filed in the clerk's office of the court having jurisdiction as defined in § 64.2-1405, service of the notice as to all parties mentioned in § 8.01-316 may be made in conformity with the provisions of §§ 8.01-316, 8.01-317, 8.01-318, 8.01-320, 8.01-322, and 8.01-323.
C. Any decree or order of substitution heretofore made by a court of competent jurisdiction is hereby validated.
D. Nothing in this section shall be construed as preventing a court from substituting a trustee in a suit instituted for that purpose.
Code 1919, § 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p. 337; Code 1950, § 26-50; 1972, c. 825; 1997, c. 921; 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