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
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 7 - Uniform Trust Code
§ 64.2-703. Default and mandatory rules
§ 64.2-704. Common law of trusts; principles of equity
§ 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
§ 64.2-723. 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
§ 64.2-732. 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
§ 64.2-738. 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
§ 64.2-754. Accepting or declining trusteeship
§ 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
§ 64.2-766. Prudent administration
§ 64.2-767. Costs of administration
§ 64.2-769. Delegation by trustee
§ 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
§ 64.2-779. Distribution upon termination
§ 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
§ 64.2-779.8. 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
§ 64.2-779.23. Later-discovered property
§ 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
§ 64.2-787. 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