2011 Code of Virginia
Title 26 FIDUCIARIES GENERALLY.
Chapter 4 Appointment, Qualification, Resignation, Removal, etc., of Fiduciaries (26-46 thru 26-58)
26-50 Notice required; certain substitutions validated

26-50. Notice required; certain substitutions validated.

A motion under 26-48 shall be after reasonable notice to all persons interested in the execution of the trust other than the plaintiff in such motion, and, if any of the parties on whom such notice is required to be served is under eighteen years of age, the court or clerk shall appoint some discreet and competent attorney at law as guardian ad litem to such infant defendant, on whom notice may be served. If any such party is incapacitated or a convict, the notice shall be served on his committee, guardian or conservator, if any, but if none, a guardian ad litem shall be appointed for him in the manner hereinbefore provided for the appointment of a guardian ad litem for an infant. No notice need be given to a trustee or, if one has previously been appointed, to a substituted trustee who has removed from the Commonwealth, declined to accept the trust, or has resigned, nor to the personal representatives of one who is dead, or, if the trustee or substituted trustee is a corporation which has been adjudicated a bankrupt or whose charter then stands revoked, no notice need be given to such corporation.

In the case of the substitution of the trustee or trustees in a deed of trust securing the payment of indebtedness it shall be necessary to give notice of the motion only to the trustee or, if one has previously been appointed, to the substituted trustee (unless notice to him is dispensed with under the foregoing provisions); any beneficiaries appearing of record or known to the plaintiff, if any; any debtors mentioned in the deed of trust; any persons who may be shown by the deed records to have assumed payment of the indebtedness in whole or in part; and the person or persons in whom the equitable title to the property conveyed by the deed of trust is vested at the time of the motion as shown by the records. In such case when the written notice of motion has been filed in the clerk's office of the court having jurisdiction as defined in 26-48, service of such notice as to all parties mentioned in 8.01-316 may be made in conformity with the provisions of 8.01-316 through 8.01-318, 8.01-320, 8.01-322 and 8.01-323.

Any such decree or order of substitution heretofore made by a court of competent jurisdiction is hereby validated.

Nothing herein contained shall be construed as preventing a court of equity from substituting a trustee in a suit instituted for that purpose.

(Code 1919, 6299; 1930, p. 350; 1932, p. 135; 1934, p. 156; 1944, p. 337; 1972, c. 825; 1997, c. 921.)