64.1-57.1 - Grant of such powers to personal representative or trustee by circuit court. - Virginia Statutes

§ 64.1-57.1. Grant of such powers to personal representative or trustee bycircuit court.

Upon motion of a personal representative or trustee, a circuit court maygrant to the sole personal representative or trustee, if there is only one,or to all the personal representatives or trustees, if there is more thanone, all or a part of such powers as may be incorporated by referencepursuant to § 64.1-57. As used in this section, the terms "personalrepresentative" or "trustee" shall include the plural of such terms unlessthe context requires otherwise and the former term shall encompass within itsmeaning the administrator of an intestate decedent's estate. If there is morethan one personal representative or trustee, the court may specify as towhether the consent of all personal representatives or trustees or a majoritythereof shall be required, and in absence of such specification, the consentof all such personal representatives or trustees to such act shall berequired.

Such motion shall be filed in the circuit court in which the personalrepresentative or trustee qualified, or if there was no qualification, thecircuit court for the jurisdiction in which the grantor resides or resided atthe time of his death, a trustee resides or a corporate trustee has anoffice. Such motion may be ex parte; however, the court, in its discretion,may require such notice to and the convening of interested parties as it maydeem proper in each case. Notwithstanding the granting of or the failure togrant such powers, the court shall have continuing jurisdiction to conferpowers in addition to those previously granted or to revoke any or all suchpowers previously granted by the court. Such additional grant or revocationmay also be ex parte.

The court may, in granting or withholding such powers, take intoconsideration whether the personal representative or trustee was nominated bythe decedent, the grantor or the beneficiaries; the number and capacity ofthe beneficiaries and their ability or inability to consent to the acts ofthe personal representative or trustee which are otherwise within the scopeof § 64.1-57; the relationship of the personal representative or trustee tothe beneficiaries; the character of the estate to be administered, includingany real estate which would be within the scope of the powers granted by theprovisions of § 64.1-57; and the capacity of the personal representative ortrustee to perform under the powers conferred and to answer for any acts forwhich he might be held accountable under his bond.

The court, in its discretion, may attach further conditions to such grant ofpower in any manner which it shall deem necessary and proper.

In no case shall any power or powers be granted hereunder by any court, ifthe grant of such power or powers would be contrary to the intention of thetestator or grantor as implied from or as expressed in the will or trustinstrument or would otherwise be inconsistent with the disposition thereinmade.

As used in this section, the word "trustee" shall refer to a trustee undera probated will or an inter vivos trust instrument.

(1976, c. 437; 1985, c. 345; 1988, c. 345; 1999, c. 995.)