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1999 SESSION
990435296Be it enacted by the General Assembly of Virginia:
1. That § 64.1-57.1 of the Code of Virginia is amended and reenacted as follows:
§ 64.1-57.1. Grant of such powers to personal representative or trustee by circuit court.
Upon motion of a personal representative or trustee to the circuit court in
which he is qualified, such a circuit court may grant to the sole personal
representative or trustee, if there is only one, or to all the personal representatives or trustees, if
there is more than one, all or a part of such powers as may be incorporated by
reference pursuant to § 64.1-57. As used in this section, the terms "personal
representative" or "trustee" shall include the plural of such terms unless the
context requires otherwise and the former term shall encompass within its
meaning the administrator of an intestate decedent's estate. If there is more
than one personal representative or trustee, the court may specify as to
whether the consent of all personal representatives or trustees or a majority
thereof shall be required, and in absence of such specification, the consent of
all such personal representatives or trustees to such act shall be required.
Such motion shall be filed in the circuit court in which the personal
representative or trustee qualified, or if there was no qualification, the
circuit court for the jurisdiction in which the grantor resides or resided at
the time of his death, a trustee resides or a corporate trustee has [ its
registered an ] office. 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 may deem proper in each
case. Notwithstanding the granting of or the failure to grant such powers, the
court shall have continuing jurisdiction to confer powers in addition to those
previously granted or to revoke any or all such powers previously granted by
the court. Such additional grant or revocation may also be ex parte.
The court may, in granting or withholding such powers, take into consideration
whether the personal representative or trustee was nominated by the decedent,
the grantor or by the beneficiaries; the number and capacity of the
beneficiaries and their ability or inability to consent to the acts of the personal
representative or trustee which are otherwise within the scope of § 64.1-57;
the relationship of the personal representative or trustee to the beneficiaries; the
character of the estate to be administered, including any real estate which would be
within the scope of the powers granted by the provisions of § 64.1-57; and the
capacity of the personal representative or trustee to perform under the powers
conferred and to answer for any acts for which he might be held accountable under
his bond.
The court, in its discretion, may attach further conditions to such grant of power in any manner which it shall deem necessary and proper.
In no case shall any power or powers be granted hereunder by any court, if the grant of such power or powers would be contrary to the intention of the testator or grantor as implied from or as expressed in the will or would otherwise be inconsistent with the disposition therein made.
As used in this section, the word "trustee" shall refer to a trustee under a probated will or an inter vivos trust instrument.