A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.
B. Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
C. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to §§ 64.2-906 and 64.2-914 for the administration of the custodial trust.
1990, c. 264, § 55-34.6; 2012, c. 614; 2020, c. 900.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 9 - Uniform Custodial Trust Act
§ 64.2-901. Custodial trust; creation and termination; general provisions
§ 64.2-902. Custodial trustee for future payment or transfer
§ 64.2-903. Form and effect of receipt and acceptance by custodial trustee; jurisdiction
§ 64.2-904. Transfer to custodial trustee by fiduciary or obligor; facility of payment
§ 64.2-905. Multiple beneficiaries; separate custodial trusts; survivorship
§ 64.2-906. General duties of custodial trustee
§ 64.2-907. General powers of custodial trustee
§ 64.2-908. Use of custodial trust property
§ 64.2-909. Determination of incapacity; effect
§ 64.2-910. Exemption of third person from liability
§ 64.2-911. Liability to third person; exceptions
§ 64.2-913. Expenses, compensation, and bond of custodial trustee
§ 64.2-914. Reporting and accounting by custodial trustee; determination of liability
§ 64.2-915. Limitations of action against custodial trustee
§ 64.2-916. Distribution on termination