A personal representative or trustee may make an irrevocable transfer pursuant to § 64.2-1908 to a custodian for the benefit of a minor as authorized in the governing will or trust. If the testator or settlor has nominated a custodian under § 64.2-1902 to receive the custodial property, the transfer shall be made to that person.
If the testator or settlor has not nominated a custodian under § 64.2-1902 or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection A of § 64.2-1908.
1988, c. 516, § 31-41; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 19 - Virginia Uniform Transfers to Minors Act
§ 64.2-1901. Scope and jurisdiction
§ 64.2-1902. Nomination of custodian
§ 64.2-1903. Transfer by gift or exercise of power of appointment
§ 64.2-1904. Transfer authorized by will or trust
§ 64.2-1905. Other transfer by fiduciary
§ 64.2-1906. Transfer by obligor
§ 64.2-1907. Receipt for custodial property
§ 64.2-1909. Single and joint custodians
§ 64.2-1910. Validity and effect of transfer
§ 64.2-1911. Care of custodial property; duties of custodian
§ 64.2-1912. Powers of custodian
§ 64.2-1913. Use of custodial property
§ 64.2-1914. Custodian's expenses, compensation, and bond
§ 64.2-1915. Exemption of third person from liability
§ 64.2-1916. Liability to third persons
§ 64.2-1918. Accounting by and determination of liability of custodian
§ 64.2-1919. Termination of custodianship