CODE OF VIRGINIA

PLEADINGS; PARTIES; ORDERS; NOTICE (§ 64.2-713)

A. In judicial proceedings involving trusts governed under this chapter,
including proceedings to modify or terminate a trust:

   1.  Interests to be affected by the proceeding shall be described in pleadings
   that give reasonable information to owners by name or class, by reference to
   the instrument creating the interests, or in any other appropriate manner.

   2.  Orders shall bind persons as follows:
               
               
            

      a.  An order binding the sole holder or all co-holders of a power of
      revocation or a presently exercisable general power of appointment,
      including one in the form of a power of amendment, binds other persons to
      the extent their interests as objects, takers in default or otherwise are
      subject to such power.

      b.  To the extent there is no conflict of interest between or among them:
                     
                     
                     
                     
                  

         (1.  An order binding a conservator or a guardian of an estate binds the
         person whose estate he controls;

         (2.  An order binding a guardian of the person binds the ward if no
         conservator or guardian of his estate has been appointed;

         (3.  An order binding a trustee binds beneficiaries of the trust in
         proceedings to probate a will establishing or adding to a trust, to review
         the acts or accounts of a prior fiduciary, and in proceedings involving
         creditors or other third parties;

         (4.  An order binding a personal representative binds persons interested
         in the undistributed assets of a decedent’s estate in actions or
         proceedings by or against the estate; and

         (5.  An order binding a sole holder or all co-holders of a general
         testamentary power of appointment binds other persons to the extent their
         interests as objects, takers in default, or otherwise are subject to the
         power.

      c.  Unless otherwise represented, a minor, an incapacitated, unborn, or
      unascertained person is bound by an order if his interest is adequately
      represented by another party having a substantially identical interest in
      the proceedings.

   3.  Notice shall be given:
               
            

      a.  Pursuant to Chapter 8 (§ 8.01-285 et seq.) of Title 8.01 and the Rules
      of Supreme Court of Virginia: (i) to every interested party or to a person
      who can bind an interested party pursuant to subdivision 2 a or 2 b; and
      (ii) if the proceeding seeks the modification or termination of a charitable
      trust or the sale of any of its real estate, to the public at large by order
      of publication published once a week for three consecutive weeks prior to
      any hearing or trial in a paper of general circulation in the county or city
      (a) of the trust’s principal place of administration and (b) where any
      affected real estate of the trust is located. This notice provision does not
      change the common law rule that members of the public at large are not
      entitled to be parties to such judicial proceedings or to have any right to
      appear therein. The purpose of the notice, which shall be stated therein, is
      solely to make the public aware of the nature of such proceedings, the
      remedy being sought therein, and the opportunity to share their views in
      regard thereto with the Attorney General. The court shall not conduct any
      hearing or trial until it has made a finding that the required notice to the
      public has been given as specified herein.

      b.  To unborn or unascertained persons who are not represented pursuant to
      subdivision 2 a or 2 b by giving notice to all known persons whose interests
      in the proceeding are substantially identical to those of the unborn or
      unascertained persons.

   4.  Persons under a disability, or unborn or incapacitated persons may be
   represented during the course of a judicial proceeding as follows:
               
            

      a.  At any point in a judicial proceeding, a court may appoint a guardian ad
      litem to represent the interest of a minor, an incapacitated, unborn or
      unascertained person, or a person whose identity or address is unknown, if
      the court determines that representation of the interest otherwise would be
      inadequate. The guardian ad litem may be appointed to represent several
      persons or interests to the extent there is no conflict of interest among
      those persons or interests. The reasons for appointing a guardian ad litem
      shall be stated in the record of the proceedings.

      b.  A minor or other person under a disability may be represented by an
      attorney-at-law duly licensed to practice in the Commonwealth who has
      entered of record an appearance on his behalf to the extent permitted by §
      8.01-9.

B. The provisions of this section shall apply notwithstanding the Rules of
Supreme Court of Virginia or any applicable provisions in Title 8.01.

HISTORY: 2005, c. 935, § 55-542.06; 2007, c. 752; 2012, c. 614.