{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-753.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-753.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-753.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-753.html"}],"law_id":376423,"edition_id":2,"section_id":376423,"structure_id":53530,"section_number":"64.2-753","catch_line":"Limitation on action contesting validity of revocable trust; distribution of trust property","history":"2005, c. 935, \u00a7 55-546.04; 2007, c. 218; 2012, c. 614.","full_text":"A\n\nA person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of:\n\n1\n\nTwo years after the settlor’s death; or\n\n2\n\nSix months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.\n\nB\n\nUpon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:\n\n1\n\nThe trustee knows of a pending judicial proceeding contesting the validity of the trust; or\n\n2\n\nA potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.\n\nC\n\nA beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.\n\n","order_by":null,"text":{"0":{"id":1405440,"text":"A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1405441,"text":"Two years after the settlor’s death; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1405442,"text":"Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1405443,"text":"Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":1405444,"text":"The trustee knows of a pending judicial proceeding contesting the validity of the trust; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":1405445,"text":"A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":1405446,"text":"A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":53530,"edition_id":2,"name":"Revocable Trusts","identifier":"6","label":"article","depth":4,"order_by":6,"parent_id":53524,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 03:17:48","date_modified":"2026-08-02 12:37:11","permalink":{"id":1501401,"object_type":"structure","relational_id":53530,"identifier":"6","token":"64.2\/III\/7\/6","url":"\/64.2\/III\/7\/6\/","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":376420,"structure_id":53530,"section_number":"64.2-750","catch_line":"Capacity of settlor of revocable trust","url":"\/64.2-750\/","token":"64.2\/III\/7\/6\/64.2-750","metadata":false},{"id":376421,"structure_id":53530,"section_number":"64.2-751","catch_line":"Revocation or amendment of revocable trust","url":"\/64.2-751\/","token":"64.2\/III\/7\/6\/64.2-751","metadata":false},{"id":376422,"structure_id":53530,"section_number":"64.2-752","catch_line":"Settlor's powers; powers of withdrawal","url":"\/64.2-752\/","token":"64.2\/III\/7\/6\/64.2-752","metadata":false},{"id":376423,"structure_id":53530,"section_number":"64.2-753","catch_line":"Limitation on action contesting validity of revocable trust; distribution of trust property","url":"\/64.2-753\/","token":"64.2\/III\/7\/6\/64.2-753","metadata":false}],"previous_section":{"id":376422,"structure_id":53530,"section_number":"64.2-752","catch_line":"Settlor's powers; powers of withdrawal","url":"\/64.2-752\/","token":"64.2\/III\/7\/6\/64.2-752","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-753\/","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 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 2007, chapter 218<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1501415,"object_type":"law","relational_id":376423,"identifier":"64.2-753","token":"64.2\/III\/7\/6\/64.2-753","url":"\/64.2-753\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-753\/","token":"64.2\/III\/7\/6\/64.2-753","dublin_core":{"Title":"Limitation on action contesting validity of revocable trust; distribution of trust property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-753","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earlier of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Two years after the settlor’s death; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Six months after the trustee<\/span> sent the person<\/span> a copy of the trust instrument<\/span> and a notice informing the person<\/span> of the trust’s existence, of the trustee<\/span>’s name and address, and of the time allowed for commencing a proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee<\/span> may proceed to distribute the trust property<\/span> in accordance with the terms of the trust. The trustee<\/span> is not subject to liability for doing so unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The trustee<\/span> knows of a pending judicial proceeding contesting the validity of the trust; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A potential contestant has notified the trustee<\/span> of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A beneficiary<\/span> of a trust that is determined to have been invalid is liable to return any distribution received. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON ACTION CONTESTING VALIDITY OF REVOCABLE TRUST; DISTRIBUTION OF\nTRUST PROPERTY (\u00a7 64.2-753)\n\nA. A person may commence a judicial proceeding to contest the validity of a\ntrust that was revocable at the settlor’s death within the earlier of:\n\n 1. Two years after the settlor’s death; or\n\n 2. Six months after the trustee sent the person a copy of the trust instrument\n and a notice informing the person of the trust’s existence, of the\n trustee’s name and address, and of the time allowed for commencing a\n proceeding.\n\nB. Upon the death of the settlor of a trust that was revocable at the\nsettlor’s death, the trustee may proceed to distribute the trust property\nin accordance with the terms of the trust. The trustee is not subject to\nliability for doing so unless:\n\n 1. The trustee knows of a pending judicial proceeding contesting the validity\n of the trust; or\n\n 2. A potential contestant has notified the trustee of a possible judicial\n proceeding to contest the trust and a judicial proceeding is commenced within\n 60 days after the contestant sent the notification.\n\nC. A beneficiary of a trust that is determined to have been invalid is liable to\nreturn any distribution received.\n\nHISTORY: 2005, c. 935, \u00a7 55-546.04; 2007, c. 218; 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"}}