Code of Virginia
Chapter 3 - Rights of Married Persons
§ 64.2-308.1. Applicability; definitions

A. The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017.
B. As used in this article, unless the context requires a different meaning:
"Decedent's non-probate transfers to others" means the amounts that are included in the augmented estate under § 64.2-308.6.
"Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
"Non-adverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
"Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.
"Property" includes values subject to a beneficiary designation.
"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
"Transfer," as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in subdivision 2 b of § 64.2-308.6 that the decedent conferred on a non-adverse party.
2016, cc. 187, 269.

Structure Code of Virginia

Code of Virginia

Title 64.2 - Wills, Trusts, and Fiduciaries

Chapter 3 - Rights of Married Persons

§ 64.2-300. Applicability; definitions

§ 64.2-301. Dower or curtesy abolished

§ 64.2-302. When and how elective share may be claimed by surviving spouse

§ 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate

§ 64.2-304. Rights upon claiming an elective share

§ 64.2-305. Augmented estate; exclusions; valuation

§ 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share

§ 64.2-307. Rights in family residence

§ 64.2-308. Statutory rights barred by desertion or abandonment

§ 64.2-308.1. Applicability; definitions

§ 64.2-308.2. Dower or curtesy abolished

§ 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary

§ 64.2-308.4. Composition of the augmented estate; marital property portion

§ 64.2-308.5. Decedent's net probate estate

§ 64.2-308.6. Decedent's non-probate transfers to others

§ 64.2-308.7. Decedent's non-probate transfers to the surviving spouse

§ 64.2-308.8. Surviving spouse's property and non-probate transfers to others

§ 64.2-308.9. Exclusions, valuation, and overlapping application

§ 64.2-308.10. Sources from which elective share payable

§ 64.2-308.11. Personal liability of recipients

§ 64.2-308.12. Proceeding for elective share; time limit

§ 64.2-308.13. Right of election personal to surviving spouse; incapacitated surviving spouse

§ 64.2-308.14. Waiver of right to elect and of other rights; defenses

§ 64.2-308.15. Protection of payors and other third parties

§ 64.2-308.16. Rights in family residence

§ 64.2-308.17. Statutory rights barred by desertion or abandonment

§ 64.2-309. Family allowance

§ 64.2-310. Exempt property

§ 64.2-311. Homestead allowance

§ 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief

§ 64.2-313. When and how exempt property and allowances may be claimed

§ 64.2-314. Waiver

§ 64.2-315. Application

§ 64.2-316. Presumptions

§ 64.2-317. Disposition upon death

§ 64.2-318. Perfection of title of surviving spouse

§ 64.2-319. Perfection of title of personal representative, heir or devisee

§ 64.2-320. Purchaser for value or lender

§ 64.2-321. Creditor's rights

§ 64.2-322. Acts of married persons

§ 64.2-323. Limitations on testamentary disposition

§ 64.2-324. Uniformity of application and construction