A. For the purposes of this section, the terms "revocable," "settlor," "trust instrument," and "trustee" have the same meanings as provided in § 64.2-701.
B. If, after making a will, the testator is divorced from the bond of matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Unless the will expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee, conservator, or guardian is also revoked.
C. Property prevented from passing to a former spouse because of revocation pursuant to subsection B shall pass as if the former spouse failed to survive the testator. Provisions of a will conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.
D. Unless the trust instrument expressly provides otherwise, if a settlor creates a revocable trust and if, after such creation:
1. The settlor is divorced from the bond of matrimony or the settlor's marriage is annulled and the trust was revocable immediately before the divorce or annulment, then a provision of such revocable trust transferring property to or conferring any beneficial interest on the settlor's former spouse is revoked upon the divorce or the annulment of the settlor's marriage, and such property or beneficial interest shall be administered as if the former spouse failed to survive the divorce or annulment; or
2. An action is filed (i) for the divorce or annulment of the settlor's marriage to the settlor's spouse or for their legal separation or (ii) by either the settlor or the settlor's spouse for separate maintenance from the other, and the trust was revocable at the time of the filing, then a provision of such revocable trust conferring a power, including a power of appointment, on the spouse or nominating or appointing the spouse as a fiduciary, including trustee, trust director, conservator, or guardian, is revoked upon the filing, and such provision shall be interpreted as if the former spouse failed to survive the filing.
E. If the provisions of the will or revocable trust instrument are revoked solely pursuant to this section, and there is no subsequent will, trust revocation, other than under this section, or inconsistent codicil or amendment, the provisions shall be revived upon the testator's or settlor's remarriage to the former spouse. Nothing in this section shall prevent a testator or settlor from transferring property to, conferring any beneficial interest on, conferring a power on, or nominating or appointing as a fiduciary a spouse or former spouse subsequent to a revocation under this section.
F. Except as provided in this section, no change of circumstances shall be deemed to revoke a will or trust instrument.
G. This section applies to trusts and trust provisions only to the extent the event causing the revocation under subsection D occurs on or after July 1, 2018.
1968, c. 656, § 64.1-59; 1985, c. 429; 2012, c. 614; 2018, c. 44.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
§ 64.2-401. Who may make a will; what estate may be disposed of
§ 64.2-402. Advertisements to draw wills prohibited; penalty
§ 64.2-403. Execution of wills; requirements
§ 64.2-404. Writings intended as wills
§ 64.2-404.1. Reformation of will to correct mistakes or achieve decedent's tax objectives
§ 64.2-405. Interested persons as competent witnesses
§ 64.2-407. Will of personal estate of nonresidents
§ 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
§ 64.2-410. Revocation of wills generally
§ 64.2-411. Revival of wills after revocation
§ 64.2-413. Effect of subsequent conveyance on will
§ 64.2-414. When wills deemed to speak
§ 64.2-416. Devises, bequests, and distributions that fail; how to pass
§ 64.2-417. When advancement deemed satisfaction of devise or bequest
§ 64.2-418. When children or descendants of beneficiary to take estate or trust
§ 64.2-419. Provision for omitted children when no child living when will made
§ 64.2-420. Provision for omitted children when child living when will made
§ 64.2-421. Construction of certain conditions of spouse's survivorship
§ 64.2-422. When omitted spouse to take intestate portion
§ 64.2-424. When direction to purchase annuity binding on legatee
§ 64.2-425. Interest on pecuniary legacies
§ 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999
§ 64.2-436. Other points of form
§ 64.2-438. Effect of certificate
§ 64.2-440. Source and construction
§ 64.2-442. International will information registration
§ 64.2-443. Jurisdiction of probate of wills
§ 64.2-444. Clerks may probate wills
§ 64.2-445. Appeal from order of clerk
§ 64.2-446. Motion for probate; process against persons interested in probate
§ 64.2-447. Use of depositions
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
§ 64.2-449. Procedure in probate proceedings
§ 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
§ 64.2-451. Appointment of curator; when made; his duties
§ 64.2-452. How will may be made self-proved; affidavits of witnesses
§ 64.2-453. How will may be made self-proved; acknowledgment of witnesses
§ 64.2-454.1. Will contest; presumption of undue influence
§ 64.2-455. Wills to be recorded; recording copies; effect; transfer to the Library of Virginia
§ 64.2-456. Bona fide purchaser of real estate without notice of devise protected
§ 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will
§ 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy