Virginia Code 64.2-126: Disclosure of contents of electronic communications held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of electronic communications sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
Terms Used In Virginia Code 64.2-126
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Virginia Code 64.2-116
- Court: means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article. See Virginia Code 64.2-116
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See Virginia Code 64.2-116
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 64.2-116
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes a successor trustee. See Virginia Code 64.2-116
- User: means a person that has an account with a custodian. See Virginia Code 64.2-116
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument, or a certification of the trust under § 64.2-804 that includes consent to disclosure of the content of electronic communications to the trustee;
3. A certification by the trustee that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
b. Evidence linking the account to the trust.