Virginia 2025 Regular Session

Virginia House Bill HB1770

Introduced
1/5/25  
Refer
1/5/25  
Report Pass
1/17/25  
Engrossed
1/22/25  
Refer
1/24/25  
Report Pass
2/5/25  
Enrolled
2/12/25  
Chaptered
3/18/25  

Caption

Uniform Trust Code; adds "electronic" to definitions in Code.

Summary

HB1770 amends Virginia’s Uniform Trust Code definitions section, 64.2-701, to update and clarify a broad set of trust-law terms. The bill does not create a new trust procedure or change substantive trust administration rules; instead, it revises the statutory glossary used throughout the chapter. Among the defined terms are concepts central to modern trust practice, including beneficiary, settlor, trustee, trust director, power of appointment, decanting power, spendthrift provision, qualified beneficiary, and terms of trust. A notable feature of the bill is the inclusion and clarification of the term “electronic,” defined broadly to cover digital and similar technologies, along with related updates to “record” and “sign” that recognize electronic media and electronic authentication. The bill also refines definitions tied to decanting, directed trusts, charitable interests, powers of direction, and fiduciary roles, helping align Virginia’s trust code with current drafting conventions and the Uniform Trust Code framework. The bill’s impact on state law is primarily technical and interpretive: it updates the definitions that courts, trustees, attorneys, and beneficiaries rely on when applying Virginia trust statutes. Because these definitions are used across the chapter, the changes may affect how trusts are drafted, interpreted, and administered, especially in areas involving electronic records, trust modification, decanting, and fiduciary authority. It also helps ensure consistency with federal tax concepts referenced in the definitions, such as ascertainable standards and powers of appointment. The overall sentiment around the bill appears strongly favorable and noncontroversial. It moved through subcommittee, committee, and both chambers with unanimous votes at each recorded stage, suggesting broad bipartisan agreement that the changes were clarifying and modernizing rather than policy-shifting. There is no recorded committee debate in the provided materials. There is little visible contention in the available record. If any issue could be considered sensitive, it would be the breadth of the revised definitions and their interaction with decanting, directed trusts, and fiduciary discretion, but the unanimous votes indicate no significant opposition. The bill was treated as a technical update to trust law terminology, especially to account for electronic communications and contemporary trust administration practices.

Impact

HB1770 amends Code of Virginia § 64.2-701, the definitions section of the Uniform Trust Code, and therefore affects the interpretation of trust-related provisions throughout that chapter. It updates statutory definitions for electronic records and signatures, trust directors, authorized fiduciaries, decanting, powers of appointment, charitable interests, and other core trust concepts. The practical effect is to modernize and clarify Virginia trust law for trustees, beneficiaries, courts, and practitioners, while leaving the underlying trust administration framework intact.

Sentiment

The bill appears to have been received very positively and as a routine technical update. It passed every recorded stage unanimously, including subcommittee, committee, and floor votes in both the House and Senate. The absence of recorded opposition or committee discussion suggests broad consensus that the measure was clarifying, modernizing, and noncontroversial.

Contention

No significant contention is evident in the provided record. The only potentially sensitive areas are the expanded or clarified definitions involving electronic records, decanting, directed trusts, and fiduciary powers, since those concepts can affect trust administration and beneficiary rights. However, the unanimous votes indicate that any such concerns did not rise to the level of visible opposition.

Companion Bills

No companion bills found.

Previously Filed As

VA SB6008

Gaming commerce and development in the Commonwealth; regulation, report, penalties.

VA HR712

Commending Carter Bank & Trust.

VA SB6005

General appropriation act; amends items related to state office rent rate, Medicaid contracts, etc.

VA SB6003

Va. Military Survivors and Dependents Education Program, etc.; repeal of modifications, report.

VA SB6006

Va. Military Survivors and Dependents Education Program, etc.; repeal of modifications, report.

VA SB6011

Gen. appropriation act; designation of add'tl. surplus, repeal of modification to certain programs.

VA SB6007

Virginia Gaming Commerce Regulation Act; established, penalties, report.

VA SB6004

Virginia Gaming Commerce Regulation Act; established, penalties, report.

VA SB6012

Va. Military Survivors & Dependents Ed. Program & related programs; modifications, surplus revenues.

VA HB6004

Va. Military Survivors & Dependents Ed. Program & related programs; modifications, surplus revenues.

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