Code of Virginia § 64.2-779.6. Court involvement.

266 words·~1 min read·/va/title-64-2/chapter-7/64-2-779-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. On application of an authorized fiduciary, a person entitled to notice under subsection C of § 64.2-779.5 , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may

(i)provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;

(ii)appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;

(iii)approve an exercise of the decanting power;

(iv)determine that a proposed or attempted exercise of the decanting power is ineffective because

(a)after applying § 64.2-779.19 , the proposed or attempted exercise does not or did not comply with this article or

(b)the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(v)determine the extent to which § 64.2-779.19 applies to a prior exercise of the decanting power;

(vi)provide instructions to the trustee regarding the application of § 64.2-779.19 to a prior exercise of the decanting power; or

(vii)order other relief to carry out the purposes of this article.

B. On application of an authorized fiduciary, the court may approve

(i)an increase in the fiduciary's compensation under § 64.2-779.13 or

(ii)a modification under § 64.2-779.15 of a provision granting a person the right to remove or replace the fiduciary.

2017, c. 592 .