{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-799.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-799.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-799.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-799.html"}],"law_id":376508,"edition_id":2,"section_id":376508,"structure_id":53536,"section_number":"64.2-799","catch_line":"Exculpation of trustee","history":"2005, c. 935, \u00a7 55-550.08; 2012, c. 614.","full_text":"A\n\nA term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:\n\n1\n\nRelieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or\n\n2\n\nWas inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n\nB\n\nAn exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the existence and contents of the exculpatory term were adequately communicated to the settlor.\n\n","order_by":null,"text":{"0":{"id":1405879,"text":"A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1405880,"text":"Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1405881,"text":"Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1405882,"text":"An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the existence and contents of the exculpatory term were adequately communicated to the settlor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":53536,"edition_id":2,"name":"Liability of Trustees and Rights of Persons Dealing With Trustee","identifier":"10","label":"article","depth":4,"order_by":11,"parent_id":53524,"metadata":{"child_laws":13,"child_structures":0},"date_created":"2026-08-02 03:17:58","date_modified":"2026-08-02 12:37:13","permalink":{"id":1501153,"object_type":"structure","relational_id":53536,"identifier":"10","token":"64.2\/III\/7\/10","url":"\/64.2\/III\/7\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53524,"edition_id":2,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":53428,"metadata":{"child_laws":150,"child_structures":13},"date_created":"2026-08-02 03:17:42","date_modified":"2026-08-02 12:37:10","permalink":{"id":1501109,"object_type":"structure","relational_id":53524,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53428,"edition_id":2,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":53424,"metadata":{"child_laws":232,"child_structures":36},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:10","permalink":{"id":1500813,"object_type":"structure","relational_id":53428,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","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":376501,"structure_id":53536,"section_number":"64.2-792","catch_line":"Remedies for breach of trust","url":"\/64.2-792\/","token":"64.2\/III\/7\/10\/64.2-792","metadata":false},{"id":376502,"structure_id":53536,"section_number":"64.2-793","catch_line":"Damages for breach of trust","url":"\/64.2-793\/","token":"64.2\/III\/7\/10\/64.2-793","metadata":false},{"id":376503,"structure_id":53536,"section_number":"64.2-794","catch_line":"Damages in absence of breach","url":"\/64.2-794\/","token":"64.2\/III\/7\/10\/64.2-794","metadata":false},{"id":376504,"structure_id":53536,"section_number":"64.2-795","catch_line":"Attorney fees and costs","url":"\/64.2-795\/","token":"64.2\/III\/7\/10\/64.2-795","metadata":false},{"id":376505,"structure_id":53536,"section_number":"64.2-796","catch_line":"Limitation of action against trustee","url":"\/64.2-796\/","token":"64.2\/III\/7\/10\/64.2-796","metadata":false},{"id":376506,"structure_id":53536,"section_number":"64.2-797","catch_line":"Reliance on trust instrument","url":"\/64.2-797\/","token":"64.2\/III\/7\/10\/64.2-797","metadata":false},{"id":376507,"structure_id":53536,"section_number":"64.2-798","catch_line":"Event affecting administration or distribution","url":"\/64.2-798\/","token":"64.2\/III\/7\/10\/64.2-798","metadata":false},{"id":376508,"structure_id":53536,"section_number":"64.2-799","catch_line":"Exculpation of trustee","url":"\/64.2-799\/","token":"64.2\/III\/7\/10\/64.2-799","metadata":false},{"id":376509,"structure_id":53536,"section_number":"64.2-800","catch_line":"Beneficiary's consent, release, or ratification","url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","metadata":false},{"id":376510,"structure_id":53536,"section_number":"64.2-801","catch_line":"Limitation on personal liability of trustee","url":"\/64.2-801\/","token":"64.2\/III\/7\/10\/64.2-801","metadata":false},{"id":376511,"structure_id":53536,"section_number":"64.2-802","catch_line":"Interest as general partner","url":"\/64.2-802\/","token":"64.2\/III\/7\/10\/64.2-802","metadata":false},{"id":376512,"structure_id":53536,"section_number":"64.2-803","catch_line":"Protection of person dealing with trustee","url":"\/64.2-803\/","token":"64.2\/III\/7\/10\/64.2-803","metadata":false},{"id":376513,"structure_id":53536,"section_number":"64.2-804","catch_line":"Certification of trust","url":"\/64.2-804\/","token":"64.2\/III\/7\/10\/64.2-804","metadata":false}],"previous_section":{"id":376507,"structure_id":53536,"section_number":"64.2-798","catch_line":"Event affecting administration or distribution","url":"\/64.2-798\/","token":"64.2\/III\/7\/10\/64.2-798","metadata":false},"next_section":{"id":376509,"structure_id":53536,"section_number":"64.2-800","catch_line":"Beneficiary's consent, release, or ratification","url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-799\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/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 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":376371,"section_number":"64.2-703","catch_line":"Default and mandatory rules","order_by":null,"url":"\/64.2-703\/"}],"refers_to":false,"permalink":{"id":1501183,"object_type":"law","relational_id":376508,"identifier":"64.2-799","token":"64.2\/III\/7\/10\/64.2-799","url":"\/64.2-799\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-799\/","token":"64.2\/III\/7\/10\/64.2-799","dublin_core":{"Title":"Exculpation of trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-799","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A term of a trust relieving a trustee<\/span> of liability for breach of trust is unenforceable to the extent that it: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Relieves the trustee<\/span> of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Was inserted as the result of an abuse by the trustee<\/span> of a fiduciary<\/span> or confidential relationship to the settlor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An exculpatory term drafted or caused to be drafted by the trustee<\/span> is invalid as an abuse of a fiduciary<\/span> or confidential relationship unless the trustee<\/span> proves that the existence and contents of the exculpatory term were adequately communicated to the settlor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCULPATION OF TRUSTEE (\u00a7 64.2-799)\n\nA. A term of a trust relieving a trustee of liability for breach of trust is\nunenforceable to the extent that it:\n\n 1. Relieves the trustee of liability for breach of trust committed in bad\n faith or with reckless indifference to the purposes of the trust or the\n interests of the beneficiaries; or\n\n 2. Was inserted as the result of an abuse by the trustee of a fiduciary or\n confidential relationship to the settlor.\n\nB. An exculpatory term drafted or caused to be drafted by the trustee is invalid\nas an abuse of a fiduciary or confidential relationship unless the trustee\nproves that the existence and contents of the exculpatory term were adequately\ncommunicated to the settlor.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.08; 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"}}