CHAPTER 224

An Act to amend and reenact § 81-10, as amended, of the Code of
Virginia, relating to the disbursement of funds of infants beyond

mcome.
fH 312]
Approved March 10, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 31-10, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 31-10. No disbursement shall be allowed to any guardian, when
the deed, will or other instrument under which the estate is derived does
not authorize it, beyond the annual income of the ward’s estate, until the
court before which the accounts of guardians may be settled or the judge
thereof in vacation authorizes same and such authority shall not be given
except when the court or judge is satisfied that such expenditure would be
judicious and proper; provided, however, that the amount of any excess of
income over expenditures not disbursed in any annual accounting period,
although deemed an accretion to corpus, shall be allowed as a disbursement
in any subsequent annual accounting period. Such accumulation disburse-
ment shall not, however, exceed one thousand dollars in any annual ac-
counting period.

Any excess of income over expenditures in any year shall retain its
characteristic as income and shall not be deemed an accretion to corpus.

ny guardian who desires to spend for his ward, or any fiduciary
holding funds for the benefit of any infant who desires to spend for such
infant more than the annual income of the ward’s or infant’s estate for
any purpose, when the deed, will or other instrument under which the
estate is derived does not authorize it, shall file a petition in the court
wherein his accounts may be settled or before the judge thereof in vaca-
tion, setting forth the reasons why it is necessary to make such expenditure,
to which petition every such ward or beneficiary shall be a defendant. The
court or judge in vacation, or clerk of such court, shall appoint some dis-
creet and competent attorney at law as guardian ad litem to represent
every such infant or ward or, if no such attorney be found willing to act,
some other discreet and proper person shall be appointed as guardian ad
litem to represent such infant or ward, and proceedings on the petition
shall otherwise conform in all respects to a bill in chancery except that the
petition may be filed in court or before the judge in vacation upon five
days’ notice to the infant or ward unless it be shown that he is under the
age of fourteen and the evidence may be taken orally. No attorney’s fees
shall be taxed in the costs, nor shall there be any writ tax upon the peti-
tion. The court or judge may in its or his discretion fix reasonable at-
torney’s fees for services in connection with the filing of such petition. The
clerk shall receive a fee of one dollar for all services rendered thereon, to
be paid by the guardian or other fiduciary out of the estate. The notice
when required to be served under this section may be served by any person
other than the guardian.