Code of Virginia
Chapter 3 - Rights of Married Persons
§ 64.2-323. Limitations on testamentary disposition

This article does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
1982, c. 456, § 64.1-205; 2012, c. 614.

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