A. Subject to subsection C, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian for the benefit of a minor pursuant to § 64.2-1908 in the absence of a will or under a will or trust that does not contain an authorization to do so.
B. Subject to subsection C, a conservator may make an irrevocable transfer to an adult or trust company as custodian for the benefit of the minor pursuant to § 64.2-1908.
C. A transfer under either subsection A or B may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds $25,000 in value or is made by a conservator.
1988, c. 516, § 31-42; 2012, c. 614; 2014, c. 532.
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