[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-281166-105":53,"doc-detail-281166-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","irrevocable-trusts-virginia-qa-guide","Irrevocable Trusts: Virginia - Q&A Guide","","A Virginia-focused Q&A guide addressing legal rules and practical considerations for irrevocable trusts. It surveys key Virginia statutes and related case law, explains how federal estate, gift, GST, and income tax rules may apply based on trust purpose and characteristics, and outlines how rules generally apply once a revocable trust becomes irrevocable. Coverage includes requirements to create a valid trust, methods of creation, trust purposes, threshold requirements, and trustee-related considerations. Updated to 12 Jun 2023.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/irrevocable-trusts-virginia-qa-guide/281166/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/irrevocable-trusts-virginia-qa-guide/281166.png","ImageObject",442,249,{"name":88,"@type":89},"Himbo","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":20},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"Which Virginia statutes and rules govern irrevocable trusts?","Question",{"text":108,"@type":109},"Irrevocable trusts in Virginia are governed by the Virginia Uniform Trust Code and additional statutes covering wills, trusts, and fiduciaries, along with Virginia case law. Other laws, such as state income tax rules, may apply depending on the trust circumstances and purpose.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"How can a valid trust be created in Virginia?",{"text":113,"@type":109},"A settlor may create a trust by transferring property to a trustee during life or via will/other disposition effective at death, declaring that identifiable property is held in a trustee capacity, or exercising a power of appointment in favor of a trustee. In certain circumstances, a conservator or a circuit court may also create a trust.",{"name":115,"@type":106,"acceptedAnswer":116},"What are the threshold requirements for a valid trust in Virginia?",{"text":117,"@type":109},"A valid trust requires the settlor’s capacity and intent to create the trust, a definite beneficiary (with specific exceptions such as charitable trusts and certain animal or noncharitable purposes), and trustee duties to perform. The guide also addresses rules regarding determining beneficiaries and the validity of powers to select beneficiaries from an indefinite class.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},281166,1790483016,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":20,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":47},687197100911,"https://ap-avatar.wpscdn.com/avatar/a000239b6f1da00475?x-image-process=image/resize,m_fixed,w_180,h_180&k=1785132997149421697","STATE Q&A  \nIrrevocable Trusts: Virginia  \nby M.R. Litman, Virginia Estate & Trust Law, PLC, with Practical Law Trusts & Estates  \nStatus: Law stated as of 12 Jun 2023 | Jurisdiction: United States, Virginia  \nThis document is published by Practical Law and can be found at: [content.next.westlaw.com/w-038-6442](content.next.westlaw.com/w-038-6442)  \nRequest a free trial and demonstration at: [tr.com/practicallaw-home](tr.com/practicallaw-home)  \nA Q&A guide to the laws governing irrevocable trusts in Virginia. This Q&A addresses state  \nlaws and customs that impact irrevocable trusts, including the key statutes and rules related to irrevocable trusts, the requirements for creating a valid irrevocable trust, common irrevocable trust provisions, information concerning trustees, and information on making changes to irrevocable trust instruments after execution. Answers to questions can be compared across a number of jurisdictions (see Irrevocable Trusts: State Q&A Tool) . For similar information relating to revocable trusts in Virginia, see State Q&A, Revocable Trusts: Virginia.  \nKey Statutes and Rules  \n1. What are the key statutes and rules that govern irrevocable trusts in your state?  \nState Law  \nThe rules and laws pertaining to irrevocable trusts in Virginia are found in:  \n• The Virginia Uniform Trust Code (Va. Code Ann. §§ 64.2- 700 to 64 .2-808) .  \n• Certain additional statutes governing wills, trusts, and fiduciaries (Va. Code Ann. §§ 64.2-100 to 64.2-132 and 64.2-2200 to 64 .2-2741) .  \n• Virginia case law.  \nOther state laws, such as state income tax laws, may apply to an irrevocable trust, depending on the circumstances and the trust purposes (Va. Code Ann. §§ 58.1-360 to 58.1-363, 58.1-370 to 58.1-371, and 58.1-380 to 58 .1-383) .  \nFederal Law  \nFederal law, including federal estate, gift, generationskipping transfer (GST), and income tax rules frequently apply to irrevocable trusts, depending on the purpose and characteristics of the trust (26 U.S.C. §§ 1 to 2801; 26 C. F. R. §§ 1.0-1 to 26 .7701-2) . For specific information  \nrelated to federal estate, gift, and GST taxes, see Practice Notes:  \n• Federal Estate Tax.  \n• Federal Gift Tax.  \n• Federal Generation-Skipping Transfer Tax.  \nFor examples of specific rules and provisions applicable to specific types of irrevocable trusts, see Practice Notes:  \n• Understanding Charitable Trusts.  \n• Understanding Irrevocable Life Insurance Trusts.  \n• Understanding Qualified Personal Residence Trusts.  \n• Understanding Grantor Retained Annuity Trusts.  \n• Understanding Special Needs Planning.  \n• Understanding Grantor Trusts.  \nApplicability of Rules to Revocable Trusts  \nMany individuals (settlors) create revocable trusts as will substitutes to dispose of their assets at death. These revocable trusts generally become irrevocable on thesettlor’s incapacity or death. Once a revocable trust becomes irrevocable, it is generally subject to the same rules as a trust that was irrevocable when created. For more information on revocable trusts, see State Q&A, Revocable Trusts: Virginia.  \n© 2023 Thomson Reuters. All rights reserved. Use of Practical Law websites and services is subject to the Terms of Use  \n([static.legalsolutions.thomsonreuters.com/static/agreement/westlaw-additional-terms.pdf](static.legalsolutions.thomsonreuters.com/static/agreement/westlaw-additional-terms.pdf)) and Privacy Policy ([a.next.westlaw.com/Privacy](a.next.westlaw.com/Privacy)) .  \nIrrevocable Trusts: Virginia  \nApplicability of Rules to Testamentary Trusts  \nA testamentary trust is a trust created under a testator’swill that generally comes into existence and becomes irrevocable when the testator dies. Testamentary trusts are generally subject to the same rules as all irrevocable trusts once they are created at the settlor’s death. However, unlike other irrevocable trusts, testamentary trusts are subject to ongoing jurisdiction of the circuit court where the will was admitted to probate (see Tr","cbCairWyj3lP9C1W","https://ap.wps.com/l/cbCairWyj3lP9C1W","pdf",1008773,13,"English","# Key Statutes and Rules\n## State Law\n## Federal Law\n## Applicability of Rules to Revocable Trusts\n# Applicability of Rules to Testamentary Trusts\n# Trust Requirements\n## Methods of Creation\n## Trust Purposes\n## Threshold Requirements","[{\"question\":\"Which Virginia statutes and rules govern irrevocable trusts?\",\"answer\":\"Irrevocable trusts in Virginia are governed by the Virginia Uniform Trust Code and additional statutes covering wills, trusts, and fiduciaries, along with Virginia case law. Other laws, such as state income tax rules, may apply depending on the trust circumstances and purpose.\"},{\"question\":\"How can a valid trust be created in Virginia?\",\"answer\":\"A settlor may create a trust by transferring property to a trustee during life or via will/other disposition effective at death, declaring that identifiable property is held in a trustee capacity, or exercising a power of appointment in favor of a trustee. In certain circumstances, a conservator or a circuit court may also create a trust.\"},{\"question\":\"What are the threshold requirements for a valid trust in Virginia?\",\"answer\":\"A valid trust requires the settlor’s capacity and intent to create the trust, a definite beneficiary (with specific exceptions such as charitable trusts and certain animal or noncharitable purposes), and trustee duties to perform. The guide also addresses rules regarding determining beneficiaries and the validity of powers to select beneficiaries from an indefinite class.\"}]","Irrevocable Trusts: Virginia - Q&A Guide | PDF",1789564636]