A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property that an unmarried adult owner has over individually owned property, which shall include but not be limited to those powers set forth in § 64.2-105 as of the date the custodian acts, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.

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Terms Used In Virginia Code 64.2-907

  • Adult: means an individual who is at least 18 years of age. See Virginia Code 64.2-900
  • Custodial trust property: means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest. See Virginia Code 64.2-900
  • Custodial trustee: means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated. See Virginia Code 64.2-900
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
  • 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. This section does not relieve a custodial trustee from liability for a violation of § 64.2-906.

1990, c. 264, § 55-34.8; 2012, c. 614.