{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-1422.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-1422.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-1422.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-1422.html"}],"law_id":375916,"edition_id":2,"section_id":375916,"structure_id":53458,"section_number":"64.2-1422","catch_line":"Environmental liability of fiduciaries","history":"1994, c. 476, \u00a7 26-7.4; 1997, c. 801; 2012, c. 614.","full_text":"A\n\nAs used in this section:\n\t\t\t“Environmental law” means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health.\n\n\t\t\t“Fiduciary” includes guardians, committees, conservators, trustees, executors, administrators and administrators with the will annexed, curators of decedents’ wills, and attorneys-in-fact or agents acting for principals under written powers of attorney, and any combination of individuals, corporations, and other entities serving in those capacities.\n\n\t\t\t“Individual capacity” means the nonfiduciary capacity of any individual, corporation, or other entity serving as a fiduciary.\n\nB\n\nAs to any property held in trust or in an estate, a fiduciary shall not be considered in its individual capacity to be (i) the owner or operator of that property as defined under any applicable environmental law or (ii) a party otherwise liable under any environmental law unless the fiduciary’s acts or omissions outside the scope of its fiduciary duties constitute conduct that independently would give rise to individual liability.\n\nC\n\nA fiduciary shall not be liable in its individual capacity to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary’s investigation or evaluation of potential contamination of property held in the trust or estate or the fiduciary’s compliance with any environmental law, specifically including any reporting or disclosure requirement under such law.\n\nD\n\nNeither a fiduciary’s acceptance of property nor its failure to inspect property shall be deemed to create any implication as to whether or not there is or may be any liability under any environmental law with respect to such property.\n\nE\n\nNothing in this section shall affect or modify any defense to individual liability under any environmental law available to any fiduciary under any other provision of state or federal law, including the common law.\n\n","order_by":null,"text":{"0":{"id":1403508,"text":"As used in this section:\n\t\t\t“Environmental law” means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health.\t\t\t“Fiduciary” includes guardians, committees, conservators, trustees, executors, administrators and administrators with the will annexed, curators of decedents’ wills, and attorneys-in-fact or agents acting for principals under written powers of attorney, and any combination of individuals, corporations, and other entities serving in those capacities.\t\t\t“Individual capacity” means the nonfiduciary capacity of any individual, corporation, or other entity serving as a fiduciary.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1403509,"text":"As to any property held in trust or in an estate, a fiduciary shall not be considered in its individual capacity to be (i) the owner or operator of that property as defined under any applicable environmental law or (ii) a party otherwise liable under any environmental law unless the fiduciary’s acts or omissions outside the scope of its fiduciary duties constitute conduct that independently would give rise to individual liability.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1403510,"text":"A fiduciary shall not be liable in its individual capacity to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary’s investigation or evaluation of potential contamination of property held in the trust or estate or the fiduciary’s compliance with any environmental law, specifically including any reporting or disclosure requirement under such law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1403511,"text":"Neither a fiduciary’s acceptance of property nor its failure to inspect property shall be deemed to create any implication as to whether or not there is or may be any liability under any environmental law with respect to such property.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1403512,"text":"Nothing in this section shall affect or modify any defense to individual liability under any environmental law available to any fiduciary under any other provision of state or federal law, including the common law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":53458,"edition_id":2,"name":"Appointment, Qualification, Resignation, and Removal of Fiduciaries","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":53457,"metadata":{"child_laws":26,"child_structures":0},"date_created":"2026-08-02 03:16:43","date_modified":"2026-08-02 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12:37:19","permalink":{"id":1501817,"object_type":"structure","relational_id":53454,"identifier":"A","token":"64.2\/IV\/A","url":"\/64.2\/IV\/A\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53453,"edition_id":2,"name":"Fiduciaries and Guardians","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":53424,"metadata":{"child_laws":215,"child_structures":27},"date_created":"2026-08-02 03:16:39","date_modified":"2026-08-02 12:37:18","permalink":{"id":1501815,"object_type":"structure","relational_id":53453,"identifier":"IV","token":"64.2\/IV","url":"\/64.2\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":375894,"structure_id":53458,"section_number":"64.2-1400","catch_line":"Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named","url":"\/64.2-1400\/","token":"64.2\/IV\/A\/14\/1\/64.2-1400","metadata":false},{"id":375895,"structure_id":53458,"section_number":"64.2-1401","catch_line":"Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required","url":"\/64.2-1401\/","token":"64.2\/IV\/A\/14\/1\/64.2-1401","metadata":false},{"id":375896,"structure_id":53458,"section_number":"64.2-1402","catch_line":"Jurisdiction for qualification of certain testamentary trustees and trustees generally","url":"\/64.2-1402\/","token":"64.2\/IV\/A\/14\/1\/64.2-1402","metadata":false},{"id":375897,"structure_id":53458,"section_number":"64.2-1403","catch_line":"Qualification of trustees","url":"\/64.2-1403\/","token":"64.2\/IV\/A\/14\/1\/64.2-1403","metadata":false},{"id":375898,"structure_id":53458,"section_number":"64.2-1404","catch_line":"New fiduciary appointed when authority of former revoked","url":"\/64.2-1404\/","token":"64.2\/IV\/A\/14\/1\/64.2-1404","metadata":false},{"id":375899,"structure_id":53458,"section_number":"64.2-1405","catch_line":"Court may appoint trustee in place of one named in will, deed, or other writing; management by corporate trustee outside of the Commonwealth","url":"\/64.2-1405\/","token":"64.2\/IV\/A\/14\/1\/64.2-1405","metadata":false},{"id":375900,"structure_id":53458,"section_number":"64.2-1406","catch_line":"Notice required; certain substitutions validated","url":"\/64.2-1406\/","token":"64.2\/IV\/A\/14\/1\/64.2-1406","metadata":false},{"id":375901,"structure_id":53458,"section_number":"64.2-1407","catch_line":"Who to execute the trust until new trustee appointed","url":"\/64.2-1407\/","token":"64.2\/IV\/A\/14\/1\/64.2-1407","metadata":false},{"id":375902,"structure_id":53458,"section_number":"64.2-1408","catch_line":"Circuit court may exercise same powers in suit to enforce or administer trust","url":"\/64.2-1408\/","token":"64.2\/IV\/A\/14\/1\/64.2-1408","metadata":false},{"id":375903,"structure_id":53458,"section_number":"64.2-1409","catch_line":"Information to be provided to clerk by fiduciary","url":"\/64.2-1409\/","token":"64.2\/IV\/A\/14\/1\/64.2-1409","metadata":false},{"id":375904,"structure_id":53458,"section_number":"64.2-1410","catch_line":"When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest","url":"\/64.2-1410\/","token":"64.2\/IV\/A\/14\/1\/64.2-1410","metadata":false},{"id":375905,"structure_id":53458,"section_number":"64.2-1411","catch_line":"When fiduciary may qualify without security; requirements for issuance of certificates of qualification; payments","url":"\/64.2-1411\/","token":"64.2\/IV\/A\/14\/1\/64.2-1411","metadata":false},{"id":375906,"structure_id":53458,"section_number":"64.2-1412","catch_line":"How trustee required to give bond; when to be removed and another appointed","url":"\/64.2-1412\/","token":"64.2\/IV\/A\/14\/1\/64.2-1412","metadata":false},{"id":375907,"structure_id":53458,"section_number":"64.2-1413","catch_line":"Placing certain trust assets in designated financial institutions; waiver or reduction of bond of fiduciary","url":"\/64.2-1413\/","token":"64.2\/IV\/A\/14\/1\/64.2-1413","metadata":false},{"id":375908,"structure_id":53458,"section_number":"64.2-1414","catch_line":"Effect of orders of qualification of bank as committee or guardian","url":"\/64.2-1414\/","token":"64.2\/IV\/A\/14\/1\/64.2-1414","metadata":false},{"id":375909,"structure_id":53458,"section_number":"64.2-1415","catch_line":"Liability for losses by negligence or failure to make defense","url":"\/64.2-1415\/","token":"64.2\/IV\/A\/14\/1\/64.2-1415","metadata":false},{"id":375910,"structure_id":53458,"section_number":"64.2-1416","catch_line":"Liability of fiduciary for actions of cofiduciary","url":"\/64.2-1416\/","token":"64.2\/IV\/A\/14\/1\/64.2-1416","metadata":false},{"id":375911,"structure_id":53458,"section_number":"64.2-1417","catch_line":"How judgment may be entered against personal representative, conservator, or committee","url":"\/64.2-1417\/","token":"64.2\/IV\/A\/14\/1\/64.2-1417","metadata":false},{"id":375912,"structure_id":53458,"section_number":"64.2-1418","catch_line":"Court order for payments due from fiduciaries; effect","url":"\/64.2-1418\/","token":"64.2\/IV\/A\/14\/1\/64.2-1418","metadata":{"court_decisions":""}},{"id":375913,"structure_id":53458,"section_number":"64.2-1419","catch_line":"Execution of fiduciary bond or appointment of agent designates clerk as attorney for service of process","url":"\/64.2-1419\/","token":"64.2\/IV\/A\/14\/1\/64.2-1419","metadata":false},{"id":375914,"structure_id":53458,"section_number":"64.2-1420","catch_line":"Clerk to mail notice, process, or rule to person served","url":"\/64.2-1420\/","token":"64.2\/IV\/A\/14\/1\/64.2-1420","metadata":false},{"id":375915,"structure_id":53458,"section_number":"64.2-1421","catch_line":"What judgment or decree based upon service upon clerk shall specifically adjudicate","url":"\/64.2-1421\/","token":"64.2\/IV\/A\/14\/1\/64.2-1421","metadata":false},{"id":375916,"structure_id":53458,"section_number":"64.2-1422","catch_line":"Environmental liability of fiduciaries","url":"\/64.2-1422\/","token":"64.2\/IV\/A\/14\/1\/64.2-1422","metadata":false},{"id":375917,"structure_id":53458,"section_number":"64.2-1423","catch_line":"Trustee not disqualified due to status as stockholder, employee, or officer of corporate noteholder; sale of property by trustee not voidable","url":"\/64.2-1423\/","token":"64.2\/IV\/A\/14\/1\/64.2-1423","metadata":false},{"id":375918,"structure_id":53458,"section_number":"64.2-1424","catch_line":"Resignation by fiduciary of his trust","url":"\/64.2-1424\/","token":"64.2\/IV\/A\/14\/1\/64.2-1424","metadata":false},{"id":375919,"structure_id":53458,"section_number":"64.2-1425","catch_line":"How securities transferred to successor","url":"\/64.2-1425\/","token":"64.2\/IV\/A\/14\/1\/64.2-1425","metadata":false}],"previous_section":{"id":375915,"structure_id":53458,"section_number":"64.2-1421","catch_line":"What judgment or decree based upon service upon clerk shall specifically adjudicate","url":"\/64.2-1421\/","token":"64.2\/IV\/A\/14\/1\/64.2-1421","metadata":false},"next_section":{"id":375917,"structure_id":53458,"section_number":"64.2-1423","catch_line":"Trustee not disqualified due to status as stockholder, employee, or officer of corporate noteholder; sale of property by trustee not voidable","url":"\/64.2-1423\/","token":"64.2\/IV\/A\/14\/1\/64.2-1423","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-1422\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 476<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 801<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1502079,"object_type":"law","relational_id":375916,"identifier":"64.2-1422","token":"64.2\/IV\/A\/14\/1\/64.2-1422","url":"\/64.2-1422\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-1422\/","token":"64.2\/IV\/A\/14\/1\/64.2-1422","dublin_core":{"Title":"Environmental liability of fiduciaries","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-1422","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Environmental law<\/span>” means any federal, state, or local law, rule, regulation, or ordinance<\/span> relating to protection of the environment or human health.

\t\t\t“Fiduciary<\/span>” includes guardians, committees, conservators, trustees<\/span>, executors, administrators and administrators with the will<\/span> annexed, curators of decedents’ wills<\/span>, and attorneys-in-fact<\/span> or agents acting for principals under written powers of attorney, and any combination of individuals, corporations, and other entities serving in those capacities.

\t\t\t“Individual capacity<\/span>” means the nonfiduciary capacity of any individual, corporation, or other entity serving as a fiduciary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As to any property held in trust or in an estate, a fiduciary<\/span> shall not be considered in its individual capacity<\/span> to be (i) the owner or operator of that property as defined under any applicable environmental law<\/span> or (ii) a party<\/span> otherwise liable under any environmental law<\/span> unless the fiduciary<\/span>’s acts or omissions outside the scope of its fiduciary<\/span> duties constitute conduct that independently would give rise to individual liability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A fiduciary<\/span> shall not be liable in its individual capacity<\/span> to any beneficiary or other party<\/span> for any decrease in value<\/span> of assets<\/span> in trust or in an estate by reason of the fiduciary<\/span>’s investigation or evaluation of potential contamination of property held in the trust or estate or the fiduciary<\/span>’s compliance with any environmental law<\/span>, specifically including any reporting or disclosure requirement under such law. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Neither a fiduciary<\/span>’s acceptance of property nor its failure to inspect property shall be deemed to create any implication as to whether or not there is or may be any liability under any environmental law<\/span> with respect to such property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall affect or modify any defense to individual liability under any environmental law<\/span> available to any fiduciary<\/span> under any other provision of state or federal law, including the common law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENVIRONMENTAL LIABILITY OF FIDUCIARIES (\u00a7 64.2-1422)\n\nA. As used in this section:\n\t\t\t“Environmental law” means any federal, state, or local law, rule,\nregulation, or ordinance relating to protection of the environment or human\nhealth.\t\t\t“Fiduciary” includes guardians, committees, conservators,\ntrustees, executors, administrators and administrators with the will annexed,\ncurators of decedents’ wills, and attorneys-in-fact or agents acting for\nprincipals under written powers of attorney, and any combination of individuals,\ncorporations, and other entities serving in those\ncapacities.\t\t\t“Individual capacity” means the nonfiduciary capacity\nof any individual, corporation, or other entity serving as a fiduciary.\n\nB. As to any property held in trust or in an estate, a fiduciary shall not be\nconsidered in its individual capacity to be (i) the owner or operator of that\nproperty as defined under any applicable environmental law or (ii) a party\notherwise liable under any environmental law unless the fiduciary’s acts\nor omissions outside the scope of its fiduciary duties constitute conduct that\nindependently would give rise to individual liability.\n\nC. A fiduciary shall not be liable in its individual capacity to any beneficiary\nor other party for any decrease in value of assets in trust or in an estate by\nreason of the fiduciary’s investigation or evaluation of potential\ncontamination of property held in the trust or estate or the fiduciary’s\ncompliance with any environmental law, specifically including any reporting or\ndisclosure requirement under such law.\n\nD. Neither a fiduciary’s acceptance of property nor its failure to inspect\nproperty shall be deemed to create any implication as to whether or not there is\nor may be any liability under any environmental law with respect to such\nproperty.\n\nE. Nothing in this section shall affect or modify any defense to individual\nliability under any environmental law available to any fiduciary under any other\nprovision of state or federal law, including the common law.\n\nHISTORY: 1994, c. 476, \u00a7 26-7.4; 1997, c. 801; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}