Express Trusts

Generally speaking, in Virginia, in an express trust, a trustee holds legal title to specific property under a fiduciary duty to manage, invest, safeguard, and administer the trust assets and income for the benefit of designated beneficiaries, who hold equitable title.  Such a trust arises from the expressed intention of the owner of property to create a trust with respect to the property.  Express trusts fall into two categories:  private trusts and charitable trusts.

Private Trusts:  A private ("noncharitable") trust has one or more ascertainable persons as beneficiaries; e.g., a trust to pay the income to the settlor's wife for life and at her death to distribute the trust principal to the settlor's living descendants

Charitable Trusts:  A charitable trust is one for a purpose that is classified as charitable (e.g., the advancement of religion, science, or education, or the promotion of health) and cannot be for the benefit of individuals.  A charitable trust can be perpetual; a  private trust, on the other hand, all interests in the trust must vest, if a all, within the common law period of lives in being plus 21 years.

As usual, every situation has exceptions.  Consult with a Charlottesville attorney to find out the full details.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
www.TGBlaw.com
Inquire@TGBlaw.com

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Rights in a Criminal Prosecution

Generally speaking, in Virginia, Article I, Section 8 of the Virginia Constitution guarantees an accused the following rights in a criminal prosecution:

1.  To demand the cause and nature of the accusation against him;
2.  To be confronted with the accusers and witnesses;
3.  To call for evidence in his favor;
4.  To have a public and speedy trial; and
5.  To have an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty.  Juries of less than 12 persons are permissible for non-felonious offenses and, under specific conditions, these can be non jury trials in a court of record.

Article I, Section 9 prohibits excessive bail, cruel and unusual punishment, ex post facto laws and bills of attainder.

Article I, Section 10 prohibits general warrants of search and seizure.

As usual, every situation has exceptions.  Consult with a Charlottesville criminal attorney to get the full details.


Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com 
www.TGBlaw.com
www.TGBlaw.blogspot.com

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