Code of Virginia
Chapter 7 - Uniform Trust Code
§ 64.2-731. Cy pres

A. Except as otherwise provided in subsection B, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
1. The trust does not fail, in whole or in part;
2. The trust property does not revert to the settlor or the settlor's successors in interest; and
3. The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
B. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection A to apply cy pres to modify or terminate the trust only if, when the provision takes effect:
1. The trust property is to revert to the settlor and the settlor is still living; or
2. Fewer than 21 years have elapsed since the date of the trust's creation.
2005, c. 935, § 55-544.13; 2012, c. 614.

Structure Code of Virginia

Code of Virginia

Title 64.2 - Wills, Trusts, and Fiduciaries

Chapter 7 - Uniform Trust Code

§ 64.2-700. Scope

§ 64.2-701. Definitions

§ 64.2-702. Knowledge

§ 64.2-703. Default and mandatory rules

§ 64.2-704. Common law of trusts; principles of equity

§ 64.2-705. Governing law

§ 64.2-706. Principal place of administration

§ 64.2-707. Methods and waiver of notice

§ 64.2-708. Others treated as qualified beneficiaries

§ 64.2-709. Nonjudicial settlement agreements

§ 64.2-710. Role of court in administration of trust

§ 64.2-711. Jurisdiction over trustee and beneficiary

§ 64.2-712. Proceedings to appoint or remove trustees

§ 64.2-713. Pleadings; parties; orders; notice

§ 64.2-714. Representation; basic effect

§ 64.2-715. Representation by holder of general testamentary power of appointment

§ 64.2-716. Representation by fiduciaries and parents or other ancestors

§ 64.2-717. Representation by person having substantially identical interest

§ 64.2-718. Appointment of representative

§ 64.2-719. Methods of creating trust

§ 64.2-720. Requirements for creation

§ 64.2-721. Trusts created in other jurisdictions

§ 64.2-722. Trust purposes

§ 64.2-723. Charitable purposes; enforcement

§ 64.2-724. Creation of trust induced by fraud, duress, or undue influence

§ 64.2-725. Evidence of oral trust

§ 64.2-726. Trust for care of animal

§ 64.2-727. Noncharitable trust without ascertainable beneficiary

§ 64.2-728. Modification or termination of trust; proceedings for approval or disapproval

§ 64.2-729. Modification or termination of noncharitable irrevocable trust by consent

§ 64.2-730. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

§ 64.2-731. Cy pres

§ 64.2-732. Modification or termination of uneconomic trust

§ 64.2-733. Reformation to correct mistakes

§ 64.2-734. Modification to achieve settlor's tax objectives

§ 64.2-735. Combination and division of trusts

§ 64.2-736. Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust

§ 64.2-737. Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation

§ 64.2-738. Prohibitions as to trust that is deemed a split-interest trust

§ 64.2-739. Application of §§ 64.2-737 and 64.2-738

§ 64.2-740. Interpretation of references to Internal Revenue Code in §§ 64.2-736 through 64.2-739

§ 64.2-741. Powers of courts not impaired by §§ 64.2-736 through 64.2-740

§ 64.2-742. Rights of beneficiary's creditor or assignee

§ 64.2-743. Spendthrift provision

§ 64.2-744. Exceptions to spendthrift provision

§ 64.2-745. Certain claims for reimbursement for public assistance

§ 64.2-745.1. Self-settled spendthrift trusts

§ 64.2-745.2. Definitions; vacancies; right to withdraw

§ 64.2-746. Discretionary trusts; effect of standard

§ 64.2-747. Creditor's claim against settlor

§ 64.2-748. Overdue distribution

§ 64.2-749. Personal obligations of trustee

§ 64.2-750. Capacity of settlor of revocable trust

§ 64.2-751. Revocation or amendment of revocable trust

§ 64.2-752. Settlor's powers; powers of withdrawal

§ 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property

§ 64.2-754. Accepting or declining trusteeship

§ 64.2-755. Trustee's bond

§ 64.2-756. Cotrustees

§ 64.2-757. Vacancy in trusteeship; appointment of successor

§ 64.2-758. Resignation of trustee

§ 64.2-759. Removal of trustee

§ 64.2-760. Delivery of property by former trustee

§ 64.2-761. Compensation of trustee

§ 64.2-762. Reimbursement of expenses

§ 64.2-763. Duty to administer trust and invest

§ 64.2-764. Duty of loyalty

§ 64.2-765. Impartiality

§ 64.2-766. Prudent administration

§ 64.2-767. Costs of administration

§ 64.2-768. Trustee's skills

§ 64.2-769. Delegation by trustee

§ 64.2-770. Repealed

§ 64.2-771. Control and protection of trust property

§ 64.2-772. Recordkeeping and identification of trust property

§ 64.2-773. Enforcement and defense of claims

§ 64.2-774. Collecting trust property

§ 64.2-775. Duty to inform and report

§ 64.2-776. Discretionary powers; tax savings

§ 64.2-777. General powers of trustee

§ 64.2-778. Specific powers of trustee

§ 64.2-778.1. Repealed

§ 64.2-779. Distribution upon termination

§ 64.2-779.1. Scope

§ 64.2-779.2. Fiduciary duty

§ 64.2-779.3. Application; governing law

§ 64.2-779.4. Reasonable reliance

§ 64.2-779.5. Notice; exercise of decanting power

§ 64.2-779.6. Court involvement

§ 64.2-779.7. Formalities

§ 64.2-779.8. Decanting power under expanded distributive discretion

§ 64.2-779.9. Decanting power under limited distributive discretion

§ 64.2-779.10. Trust for beneficiary with disability

§ 64.2-779.11. Protection of charitable interest

§ 64.2-779.12. Trust limitation on decanting

§ 64.2-779.13. Change in compensation

§ 64.2-779.14. Relief from liability and indemnification

§ 64.2-779.15. Removal or replacement of authorized fiduciary

§ 64.2-779.16. Tax-related provisions

§ 64.2-779.17. Duration of second trust

§ 64.2-779.18. Need to distribute not required

§ 64.2-779.19. Savings provision

§ 64.2-779.20. Trust for care of animal

§ 64.2-779.21. Terms of second trust

§ 64.2-779.22. Settlor

§ 64.2-779.23. Later-discovered property

§ 64.2-779.24. Obligations

§ 64.2-779.25. Accountings

§ 64.2-779.26. Definitions

§ 64.2-779.27. Application

§ 64.2-779.28. Exclusions

§ 64.2-779.29. Powers of trust director

§ 64.2-779.30. Limitations on trust director

§ 64.2-779.31. Duty and liability of trust director

§ 64.2-779.32. Duty and liability of directed trustee

§ 64.2-779.33. Duty to provide information to trust director or trustee

§ 64.2-779.34. No duty to monitor, inform, or advise

§ 64.2-779.35. Limitation of action against trust director

§ 64.2-779.36. Defenses in action against trust director

§ 64.2-779.37. Jurisdiction over trust director

§ 64.2-779.38. Office of trust director

§ 64.2-780. Definition of terms

§ 64.2-781. Prudent investor rule

§ 64.2-782. Standard of care; portfolio strategy; risk and return objectives

§ 64.2-783. Diversification by trustee

§ 64.2-784. Duties at inception of trusteeship

§ 64.2-785. Loyalty and impartiality

§ 64.2-786. Investment costs

§ 64.2-787. Reviewing compliance

§ 64.2-788. Delegation of investment and management functions

§ 64.2-789. Language invoking standard of article

§ 64.2-790. Application to existing trusts

§ 64.2-791. Uniformity of application and construction

§ 64.2-792. Remedies for breach of trust

§ 64.2-793. Damages for breach of trust

§ 64.2-794. Damages in absence of breach

§ 64.2-795. Attorney fees and costs

§ 64.2-796. Limitation of action against trustee

§ 64.2-797. Reliance on trust instrument

§ 64.2-798. Event affecting administration or distribution

§ 64.2-799. Exculpation of trustee

§ 64.2-800. Beneficiary's consent, release, or ratification

§ 64.2-801. Limitation on personal liability of trustee

§ 64.2-802. Interest as general partner

§ 64.2-803. Protection of person dealing with trustee

§ 64.2-804. Certification of trust

§ 64.2-805. Uniformity of application and construction

§ 64.2-806. Electronic records and signatures

§ 64.2-807. Repealed

§ 64.2-808. Application to existing relationships