Virginia Code 64.2-1403: Qualification of trustees
A. For the purposes of this section, the phrase “deed or other writing” does not include a will.
Terms Used In Virginia Code 64.2-1403
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Virginia Code 1-228
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
B. Any trustee appointed by a deed or other writing where the deed or other writing requires that the trustee qualify shall not act as trustee until he has qualified before the circuit court or clerk by giving bond and taking oath that he will perform the duties of his office. The oath may be taken on behalf of a corporate trustee by its president or other officer.
C. Any trustee appointed by a deed or other writing where the deed or other writing does not require that the trustee qualify may voluntarily qualify. However, regardless of whether the deed or other writing does not require qualification, upon the request of any interested party, the administration of the trust shall be in the same manner as if qualification had been required by the terms of the deed or other writing creating it.
1968, c. 382, § 26-1.1; 2012, c. 614.