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Virginia · Through 9/4/2026 · Newer source version available

Va. Code § 64.2-748: Overdue distribution

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Where this section sits in the code
  1. Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES
  2. Subtitle III. TRUSTS
  3. Chapter 7. UNIFORM TRUST CODE
  4. Article 5. CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS

A. In this section "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (i) the discretion is expressed in the form of a standard of distribution or (ii) the terms of the trust authorizing a distribution use language of discretion with language of direction.B. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.2005, c. 935, § 55-545.06; 2007, c. 216; 2012, c. 614.

Collected 2026-09-04T15:18:14Z. Source file · JSON

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