A. Subject to subsections B and C, a person not subject to § 64.2-1904 or who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 64.2-1908.

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Terms Used In Virginia Code 64.2-1906

  • Adult: means an individual who attained the age of 18 years. See Virginia Code 64.2-1900
  • Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Virginia Code 64.2-1900
  • Court: means the circuit court having appropriate jurisdiction. See Virginia Code 64.2-1900
  • Custodial property: means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property. See Virginia Code 64.2-1900
  • Custodian: means a person so designated under § 64. See Virginia Code 64.2-1900
  • Minor: means an individual who has not attained the age of 18 years. See Virginia Code 64.2-1900
  • Person: means an individual, corporation, organization, or other legal entity. See Virginia Code 64.2-1900
  • Transfer: means a transaction that creates custodial property under § 64. See Virginia Code 64.2-1900
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Virginia Code 64.2-1900

B. If a person having the right to do so under § 64.2-1902 has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person.

C. If no custodian has been nominated under § 64.2-1902, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $25,000 in value, in which event the transfer may be made if authorized by the court.

1988, c. 516, § 31-43; 2012, c. 614; 2014, c. 532.