Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries

§ 64.2-1222. Commissioners of accounts to post list of fiduciaries whose accounts are before them for settlement - Every commissioner of accounts shall, on the first day of...

Chapter 13 - Inventories and Accounts

§ 64.2-1300. Inventories to be filed with commissioners of accounts - A. Every personal representative or curator shall, within four months...

§ 64.2-1301. When inventory and settlement not required - An inventory under § 64.2-1300 or a settlement under §...

§ 64.2-1302. Waiver of inventory and settlement for certain estates - When a decedent's personal estate passing by testate or intestate...

§ 64.2-1303. Copies of inventories and accounts to be provided by personal representatives - A. Every personal representative filing with the commissioner of accounts...

§ 64.2-1304. Personal representatives - A. Within 16 months from the date of the qualification,...

§ 64.2-1305. Conservators, guardians of minors' estates, committees, trustees under § 64.2-2016, and receivers - A. Within six months from the date of the qualification,...

§ 64.2-1306. Testamentary trustees - A. Except as provided in subsections B and C, testamentary...

§ 64.2-1307. Testamentary trustees under a will waiving accounts; waiver where beneficiary also trustee - A. For purposes of this section, the term "sole beneficiary"...

§ 64.2-1308. Forms for inventories and accounts - The Office of the Executive Secretary of the Supreme Court...

§ 64.2-1309. Accounts of sales under deeds of trust - A. Within six months after the date of a sale...

§ 64.2-1310. Recordation of inventories and accounts of sales - Every inventory and account of sales returned under §§ 64.2-1300...

§ 64.2-1311. Vouchers and statement of assets on hand; direct payments to account; vouchers for IRS payments - A. Vouchers for disbursements and a statement of cash on...

§ 64.2-1312. Report to circuit court; death of fiduciary; fiduciary for recipient of federal benefits - A. The commissioner of accounts shall state, settle, and report...

§ 64.2-1313. Exhibition of accounts when sum does not exceed certain amount - If the principal sum held by any fiduciary mentioned in...

§ 64.2-1314. Statement in lieu of settlement of accounts by personal representatives in certain circumstances - A. For the purposes of this section, the term "residuary...

§ 64.2-1315. Certification and recording of accounts settled in a judicial proceeding - When the account of any fiduciary is settled in a...

§ 64.2-1316. Settlement of fiduciary's accounts by commissioner in chancery; report to commissioner of accounts - On the motion of any fiduciary having charge of an...

§ 64.2-1317. Disposition of papers relating to estates - A. The circuit court or the clerk at the time...

Chapter 14 - Fiduciaries Generally

§ 64.2-1400. Authority to qualify trustee; necessity for security; notice of qualification; qualification by less than all of trustees named - A. Subject to the provisions of § 64.2-1406, the clerk...

§ 64.2-1401. Jurisdiction for qualification of testamentary trustee; qualification and bond; when surety not required - A. In the case of a testamentary trust, the jurisdiction...

§ 64.2-1402. Jurisdiction for qualification of certain testamentary trustees and trustees generally - A. In the case of a testamentary trust for which...

§ 64.2-1403. Qualification of trustees - A. For the purposes of this section, the phrase "deed...

§ 64.2-1404. New fiduciary appointed when authority of former revoked - If an order revoking and annulling the powers of any...

§ 64.2-1405. Court may appoint trustee in place of one named in will, deed, or other writing; management by corporate trustee outside of the Commonwealth - A. If a trustee named in a will, deed, or...

§ 64.2-1406. Notice required; certain substitutions validated - A. Reasonable notice of a motion made pursuant to §...

§ 64.2-1407. Who to execute the trust until new trustee appointed - A. The personal representative of a deceased trustee, or the...

§ 64.2-1408. Circuit court may exercise same powers in suit to enforce or administer trust - A circuit court may exercise all the powers conferred by...

§ 64.2-1409. Information to be provided to clerk by fiduciary - A. On and after July 1, 1998, every person seeking...

§ 64.2-1410. When court may require new bond or revoke authority; giving new bond upon motion of fiduciary, surety, or other party in interest - A. Regardless of whether a fiduciary has given bond with...

§ 64.2-1411. When fiduciary may qualify without security; requirements for issuance of certificates of qualification; payments - A. Any circuit court or circuit court clerk, having jurisdiction...

§ 64.2-1412. How trustee required to give bond; when to be removed and another appointed - After reasonable notice to a trustee, whether appointed by will,...

§ 64.2-1413. Placing certain trust assets in designated financial institutions; waiver or reduction of bond of fiduciary - A. If the circuit court having jurisdiction of any estate...

§ 64.2-1414. Effect of orders of qualification of bank as committee or guardian - If a bank qualifies as committee or guardian and the...

§ 64.2-1415. Liability for losses by negligence or failure to make defense - A. If any personal representative, guardian, conservator, curator, or committee,...

§ 64.2-1416. Liability of fiduciary for actions of cofiduciary - A. As used in this section, "fiduciary" has the same...

§ 64.2-1417. How judgment may be entered against personal representative, conservator, or committee - A judgment or decree against the personal representative of a...

§ 64.2-1418. Court order for payments due from fiduciaries; effect - When a report of the accounts of any guardian, curator,...

§ 64.2-1419. Execution of fiduciary bond or appointment of agent designates clerk as attorney for service of process - A. Every person who qualifies in a circuit court or...

§ 64.2-1420. Clerk to mail notice, process, or rule to person served - Whenever any notice, process, or rule is served on the...

§ 64.2-1421. What judgment or decree based upon service upon clerk shall specifically adjudicate - Any judgment or decree based upon service of notice, process,...

§ 64.2-1422. Environmental liability of fiduciaries - A. As used in this section: "Environmental law" means any...

§ 64.2-1423. Trustee not disqualified due to status as stockholder, employee, or officer of corporate noteholder; sale of property by trustee not voidable - A. The fact that a trustee in a deed of...

§ 64.2-1424. Resignation by fiduciary of his trust - The circuit court in which or before the clerk of...

§ 64.2-1425. How securities transferred to successor - When any securities for money loaned or invested shall be...

§ 64.2-1426. Nonresident fiduciaries - A. A natural person who is not a resident of...

§ 64.2-1427. How property of nonresident infant or incapacitated person transferred to foreign guardian, conservator, or committee - When any nonresident infant or incapacitated person is entitled to...

§ 64.2-1428. Transfer of proceeds of sale of real estate of nonresident beneficiary to foreign fiduciary - When the proceeds of sale of the real estate of...

§ 64.2-1429. Notice and bond required prior to transfer - No order shall be made pursuant to §§ 64.2-1427 and...

§ 64.2-1430. When bond may be dispensed with - In any case in which the circuit court finds that...

§ 64.2-1431. Sale of property and payment of proceeds to nonresident trustee - If, in any proceeding under § 64.2-1427 or in case...

§ 64.2-1432. Discharge from liability of resident guardian, committee, conservator, or trustee - When any guardian, committee, conservator, trustee, or other person in...

Chapter 15 - Investments

§ 64.2-1500. Court orders regarding money in possession of fiduciary - If a report made pursuant to § 64.2-1210 or a...

§ 64.2-1501. Time within which guardian of an estate, conservator, or other fiduciary to invest funds; reasonable diligence required - A. Whenever a guardian of an estate, conservator, or other...

§ 64.2-1502. In what securities fiduciaries may invest; definitions - A. As used in this section: "Fiduciary" has the same...

§ 64.2-1503. Investment in bonds or other obligations issued, guaranteed, or assured by Inter-American Development Bank - Executors, administrators, trustees, and other fiduciaries, both individual and corporate,...

§ 64.2-1504. Investments in municipal bonds by banks or trust companies - Subject to the Uniform Prudent Investor Act (§ 64.2-780 et...

§ 64.2-1505. Investments that cease to be eligible may be retained - Investments made under the provisions of § 64.2-1502, if in...

§ 64.2-1506. Investment in mutual fund affiliated with fiduciary - Unless prohibited or otherwise limited by the instrument under which...

Chapter 16 - Uniform Power of Attorney Act

§ 64.2-1600. Definitions - For the purposes of this chapter, unless the context requires...

§ 64.2-1601. Applicability - This chapter applies to all powers of attorney except: 1....

§ 64.2-1602. Power of attorney is durable - A power of attorney created under this chapter is durable...

§ 64.2-1603. Execution of power of attorney - A power of attorney shall be signed by the principal...

§ 64.2-1604. Validity of power of attorney - A. A power of attorney executed in the Commonwealth on...

§ 64.2-1605. Meaning and effect of power of attorney - The meaning and effect of a power of attorney is...

§ 64.2-1606. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary - A. In a power of attorney, a principal may nominate...

§ 64.2-1607. When power of attorney effective - A. A power of attorney is effective when executed unless...

§ 64.2-1608. Termination of power of attorney or agent's authority - A. A power of attorney terminates when: 1. The principal...

§ 64.2-1609. Coagents and successor agents - A. A principal may designate two or more persons to...

§ 64.2-1610. Reimbursement and compensation of agent - Unless the power of attorney otherwise provides, an agent is...

§ 64.2-1611. Agent's acceptance - Except as otherwise provided in the power of attorney, a...

§ 64.2-1612. Agent's duties - A. Notwithstanding provisions in the power of attorney, an agent...

§ 64.2-1613. Exoneration of agent - A provision in a power of attorney relieving an agent...

§ 64.2-1614. Judicial relief - A. In addition to the remedies referenced in § 64.2-1621,...

§ 64.2-1615. Agent's liability - An agent that violates this chapter is liable to the...

§ 64.2-1616. Agent's resignation; notice - Unless the power of attorney provides a different method for...

§ 64.2-1617. Acceptance of and reliance upon acknowledged power of attorney - A. For purposes of this section and § 64.2-1618, "acknowledged"...

§ 64.2-1618. Liability for refusal to accept acknowledged power of attorney - A. Except as otherwise provided in subsection B: 1. A...

§ 64.2-1619. Principles of law and equity - Unless displaced by a provision of this chapter, the principles...

§ 64.2-1620. Laws applicable to financial institutions and entities - This chapter does not supersede any other law applicable to...

§ 64.2-1621. Remedies under other law - The remedies under this chapter are not exclusive and do...

§ 64.2-1622. Authority that requires specific grant; grant of general authority - A. Subject to the provisions of subsection H, an agent...

§ 64.2-1623. Incorporation of authority - A. An agent has authority described in this article if...

§ 64.2-1624. Construction of authority generally - Except as otherwise provided in the power of attorney, by...

§ 64.2-1625. Real property - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1626. Tangible personal property - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1627. Stocks and bonds - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1628. Commodities and options - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1629. Banks and other financial institutions - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1630. Operation of entity or business - Subject to the terms of a document or an agreement...

§ 64.2-1631. Insurance and annuities - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1632. Estates, trusts, and other beneficial interests - A. In this section, "estate, trust, or other beneficial interest"...

§ 64.2-1633. Claims and litigation - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1634. Personal and family maintenance - A. Unless the power of attorney otherwise provides, language in...

§ 64.2-1635. Benefits from governmental programs or civil or military service - A. In this section, "benefits from governmental programs or civil...

§ 64.2-1636. Retirement plans - A. In this section, "retirement plan" means a plan or...

§ 64.2-1637. Taxes - Unless the power of attorney otherwise provides, language in a...

§ 64.2-1638. Gifts - A. In this section, a gift "for the benefit of"...

§ 64.2-1639. Agent's certification - The following optional form may be used by an agent...

§ 64.2-1640. Uniformity of application and construction - In applying and construing this uniform act, consideration shall be...

§ 64.2-1641. Relation to Electronic Signatures in Global and National Commerce Act - This chapter modifies, limits, and supersedes the federal Electronic Signatures...

§ 64.2-1642. Effect on existing powers of attorney - Except as otherwise provided in this chapter, on July 1,...

Chapter 17 - Appointment of Guardian

§ 64.2-1700. Natural guardians - The parents of an unmarried minor child are the joint...

§ 64.2-1701. Testamentary guardians - A. Every parent may by will appoint (i) a guardian...

§ 64.2-1702. Appointment of guardians - The circuit court or the circuit court clerk of any...

§ 64.2-1703. Nomination of guardians - A. A minor who is at least 14 years old...

§ 64.2-1704. Guardian's bond - A. Before any person may be appointed the guardian for...

§ 64.2-1705. Redetermination of guardian's bond - Upon a guardian's request, the clerk shall redetermine the penalty...

§ 64.2-1706. When court may appoint temporary guardians; bond; powers and duties - Until a guardian appointed by the circuit court or clerk...

Chapter 18 - Custody and Care of Ward and Estate

§ 64.2-1800. Custody, care, and education of ward; ward's estate - Unless a guardian of the person of a minor is...

§ 64.2-1801. Parental duty of support - A. Notwithstanding the provisions of § 64.2-1800, a guardian of...

§ 64.2-1802. Parental duty of support; limited authority of commissioner of accounts - A commissioner of accounts for the jurisdiction where a guardian...

§ 64.2-1803. Termination of guardianship - Unless the guardian of a minor's estate dies, is removed,...

§ 64.2-1804. Powers of courts over guardians - The circuit courts may hear and determine all matters between...

§ 64.2-1805. Powers of guardian - A. Whether appointed by a parent, the circuit court, or...

§ 64.2-1806. Powers of guardian; transition rule - The provisions of Chapter 17 (§ 64.2-1700 et seq.) and...

Chapter 19 - Virginia Uniform Transfers to Minors Act

§ 64.2-1900. Definitions - In this chapter, unless the context otherwise requires: "Adult" means...

§ 64.2-1901. Scope and jurisdiction - A. This chapter applies to any transfer that refers to...

§ 64.2-1902. Nomination of custodian - A. A person having the right to designate the recipient...

§ 64.2-1903. Transfer by gift or exercise of power of appointment - A person may make a transfer by irrevocable gift to,...

§ 64.2-1904. Transfer authorized by will or trust - A personal representative or trustee may make an irrevocable transfer...

§ 64.2-1905. Other transfer by fiduciary - A. Subject to subsection C, a personal representative or trustee...

§ 64.2-1906. Transfer by obligor - A. Subject to subsections B and C, a person not...

§ 64.2-1907. Receipt for custodial property - A written acknowledgment of delivery by a custodian constitutes a...

§ 64.2-1908. Manner of creating custodial property and effecting transfer; designation of initial custodian; control - A. Custodial property is created and a transfer is made...

§ 64.2-1909. Single and joint custodians - A transfer may be made only for one minor, and...

§ 64.2-1910. Validity and effect of transfer - A. The validity of a transfer made in a manner...

§ 64.2-1911. Care of custodial property; duties of custodian - A. A custodian shall take control of custodial property, register...

§ 64.2-1912. Powers of custodian - A custodian, acting in a custodial capacity, has all the...

§ 64.2-1913. Use of custodial property - A. A custodian may deliver or pay to the minor...

§ 64.2-1914. Custodian's expenses, compensation, and bond - A. A custodian is entitled to reimbursement from custodial property...

§ 64.2-1915. Exemption of third person from liability - A third person may act in good faith and without...

§ 64.2-1916. Liability to third persons - A claim based on (i) a contract entered into by...

§ 64.2-1917. Renunciation, resignation, death, or removal of custodian; designation of successor custodian - A. A person nominated under § 64.2-1902 or designated under...

§ 64.2-1918. Accounting by and determination of liability of custodian - A. A transferor, the legal representative of a transferor, an...

§ 64.2-1919. Termination of custodianship - A. Except as provided in subsection B, the custodian shall...

§ 64.2-1920. Applicability - This chapter applies to a transfer within the scope of...

§ 64.2-1921. Effect on existing custodianships - A. Any transfer of custodial property as now defined in...

§ 64.2-1922. Uniformity of application and construction - This chapter shall be applied and construed to effectuate its...

Chapter 20 - Guardianship and Conservatorship

§ 64.2-2000. Definitions - As used in this chapter, unless the context requires a...

§ 64.2-2001. Filing of petition; jurisdiction; instructions to be provided - A. A petition for the appointment of a guardian or...

§ 64.2-2002. Who may file petition; contents - A. Any person, including a community services board and any...

§ 64.2-2003. Appointment of guardian ad litem - A. On the filing of every petition for guardianship or...

§ 64.2-2004. Notice of hearing; jurisdictional - A. Upon the filing of the petition, the court shall...

§ 64.2-2005. Evaluation report - A. A report evaluating the condition of the respondent shall...

§ 64.2-2006. Counsel for respondent - The respondent has the right to be represented by counsel...

§ 64.2-2007. Hearing on petition to appoint - A. The respondent is entitled to a jury trial upon...

§ 64.2-2008. Fees and costs - A. The petitioner shall pay the filing fee set forth...

§ 64.2-2009. Court order of appointment; limited guardianships and conservatorships - A. The court's order appointing a guardian or conservator shall...

§ 64.2-2010. Eligibility for public guardian or conservator - The circuit court may appoint a local or regional program...

§ 64.2-2011. Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate - A. A guardian or conservator appointed in the court order...

§ 64.2-2012. Petition for restoration, modification, or termination; effects - A. Upon petition by the incapacitated person, the guardian or...

§ 64.2-2013. Standby guardianship or conservatorship for incapacitated persons - A. For purposes of this section, the term "person" includes...

§ 64.2-2014. Clerk to index findings of incapacity or restoration; notice of findings - A. A copy of the court's findings that a person...

§ 64.2-2015. When no guardian or conservator appointed within one month of adjudication - A. If a person is adjudicated incapacitated and in need...

§ 64.2-2016. Trustees for incapacitated veterans and their beneficiaries - A. Whenever any veteran of the armed forces of the...

§ 64.2-2017. Payments from U.S. Department of Veterans Affairs - Monthly payments of pension, compensation, insurance, or other benefits from...

§ 64.2-2018. Taking of bond by clerk of court - Whenever this title provides for the appointment of a fiduciary...

§ 64.2-2019. Duties and powers of guardian - A. A guardian stands in a fiduciary relationship to the...

§ 64.2-2020. Annual reports by guardians - A. A guardian shall file an annual report in compliance...

§ 64.2-2021. General duties and liabilities of conservator - A. At all times the conservator shall exercise reasonable care,...

§ 64.2-2022. Management powers and duties of conservator - A. A conservator, in managing the estate, shall have the...

§ 64.2-2023. Estate planning - A. In the order appointing a conservator entered pursuant to...

§ 64.2-2024. Fiduciary to take possession of incapacitated person's estate; suits relative to estate; retaining estate for fiduciary's own debt - Subject to any conditions or limitations set forth in the...

§ 64.2-2025. Fiduciary to prosecute and defend actions involving incapacitated person - Subject to any conditions or limitations set forth in the...

§ 64.2-2026. Surrender of incapacitated person's estate - A. If the incapacitated person is restored to capacity, the...

§ 64.2-2027. Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses - Nothing in Article 2 (§ 37.2-715 et seq.) of Chapter...

§ 64.2-2028. Department of Behavioral Health and Developmental Services to be notified in certain cases - In any suit or action for the appointment of a...

§ 64.2-2029. Application to guardians and conservators appointed pursuant to § 64.2-2115 - Except as otherwise provided in an order entered pursuant to...

Chapter 21 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

§ 64.2-2100. Definitions - In this chapter: "Adult" means an individual who has attained...

§ 64.2-2101. International application of chapter - A court of the Commonwealth may treat a foreign country...

§ 64.2-2102. Communication between courts - A. A court of the Commonwealth may communicate with a...

§ 64.2-2103. Cooperation between courts - A. In a guardianship or protective proceeding in the Commonwealth,...

§ 64.2-2104. Taking testimony in another state - A. In a guardianship or protective proceeding, in addition to...

§ 64.2-2105. Definitions; significant connection factors - A. In this article: "Emergency" means a circumstance that likely...

§ 64.2-2106. Exclusive basis - This article provides the exclusive jurisdictional basis for a court...

§ 64.2-2107. Jurisdiction - A court of the Commonwealth has jurisdiction to appoint a...

§ 64.2-2108. Special jurisdiction - A. A court of the Commonwealth lacking jurisdiction under the...

§ 64.2-2109. Exclusive and continuing jurisdiction - Except as otherwise provided in § 64.2-2108, a court that...

§ 64.2-2110. Appropriate forum - A. A court of the Commonwealth having jurisdiction under §...

§ 64.2-2111. Jurisdiction declined by reason of conduct - A. If at any time a court of the Commonwealth...

§ 64.2-2112. Notice of proceeding - If a petition for the appointment of a guardian or...

§ 64.2-2113. Proceedings in more than one state - Except for a petition for the appointment of a guardian...

§ 64.2-2114. Transfer of guardianship or conservatorship to another state - A. A guardian or conservator appointed in the Commonwealth may...

§ 64.2-2115. Accepting guardianship or conservatorship transferred from another state - A. To confirm transfer of a guardianship or conservatorship transferred...

§ 64.2-2116. Registration of guardianship orders - If a guardian has been appointed in another state and...

§ 64.2-2117. Registration of conservatorship orders - If a conservator has been appointed in another state and...

§ 64.2-2118. Effect of registration - A. Upon registration of a guardianship or conservatorship order from...

§ 64.2-2119. Uniformity of application and construction - In applying and construing this uniform act, consideration shall be...

§ 64.2-2120. Relation to electronic signatures in global and national commerce act - This chapter modifies, limits, and supersedes the federal Electronic Signatures...

Chapter 22 - Uniform Simultaneous Death Act

§ 64.2-2200. Definitions - As used in this chapter: "Co-owners with right of survivorship"...

§ 64.2-2201. Requirement of survival by 120 hours for statutory rights - Except as provided in § 64.2-2205, if the (i) title...

§ 64.2-2202. Requirement of survival by 120 hours under donative dispositions in governing instruments - Except as provided in § 64.2-2205 for purposes of a...

§ 64.2-2203. Co-owners with right of survivorship; requirement of survival by 120 hours - Except as provided in § 64.2-2205, if (i) it is...

§ 64.2-2204. Evidence of death or status - In addition to otherwise applicable rules of evidence, the following...

§ 64.2-2205. Exceptions - Survival by 120 hours is not required if: 1. The...

§ 64.2-2206. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient - A. A payor or other third party is not liable...

§ 64.2-2207. Uniformity of application and construction - This chapter shall be applied and construed to effectuate its...

§ 64.2-2208. Effective date - An act done before July 1, 1994, in any proceeding...

Chapter 23 - Persons Presumed Dead

§ 64.2-2300. Presumption of death from absence or disappearance; when applicable - A. 1. Any person who is a resident of the...

§ 64.2-2301. Distribution of fund when presumption of death not applicable - A. In any civil action wherein any estate or fund...

§ 64.2-2302. Appointment of curator when presumption of death not applicable - A circuit court, upon good cause shown, may appoint in...

§ 64.2-2303. Persons presumed dead; authority of clerk - A clerk of the circuit court has no authority to...

§ 64.2-2304. Petition seeking determination of death; hearing; evidence; notice - A. Whenever a petition is filed seeking a judicial determination...

§ 64.2-2305. Entry of order that presumption of death is applicable; effect - A. If, after the hearing conducted pursuant to § 64.2-2304...

§ 64.2-2306. Distribution of property; refunding bond - Before any distribution of the proceeds of the estate of...

§ 64.2-2307. Revocation of determination of death; effect on previous acts; title of purchasers - The court, after reasonable notice to the parties interested, may...

§ 64.2-2308. Substitution of presumed decedent in pending actions; reopening of judgments; effect of judgments - A. After revocation of the order determining death, the person...

§ 64.2-2309. Costs - The costs attendant to the issuing of an order determining...

Chapter 24 - Conservators of Property of Absentees

§ 64.2-2400. Appointment of conservator; jurisdiction and procedure - A. For purposes of this chapter: "Absentee" means a person...

§ 64.2-2401. Bond; orders as to management of estate; support of dependents - The court shall require that any conservator appointed pursuant to...

§ 64.2-2402. Proceedings to sell property of absentee after failure to locate heirs - Any duly appointed conservator of the estate of a person...

§ 64.2-2403. Termination of conservatorship - At any time upon petition of the absentee, or upon...

§ 64.2-2404. Expenses and compensation - The court may allow to such conservator such expenses and...

Chapter 25 - Acts Barring Property Rights

§ 64.2-2500. Definitions - As used in this chapter: "Decedent" means any person whose...

§ 64.2-2501. Slayer not to acquire property as result of slaying - A slayer, or any transferee, assignee, or other person claiming...

§ 64.2-2502. Property passing by will or intestate succession; surviving spouse - A. The slayer shall be deemed to have predeceased the...

§ 64.2-2503. Concurrent ownership with or without survivorship - A. The death of the decedent caused by the slayer...

§ 64.2-2504. Reversions and vested remainders - Property in which the slayer holds a reversion or vested...

§ 64.2-2505. Interests dependent on survivorship or continuance of life - Any interest in property, whether vested or not, held by...

§ 64.2-2506. Contingent remainders and future interests - A. As to any contingent remainder or executory or other...

§ 64.2-2507. Powers of appointment - A. The slayer shall be deemed to have predeceased the...

§ 64.2-2508. Proceeds of insurance; bona fide payment by insurance company or obligor - A. Insurance proceeds payable to the slayer as the beneficiary...

§ 64.2-2509. Persons acquiring from slayer protected - The provisions of this chapter shall not affect the right...

§ 64.2-2510. Admissibility of judicial record determining slayer - The record of the judicial proceeding in which a person...

§ 64.2-2511. Construction - A. This chapter shall not be considered penal in nature,...

Chapter 26 - Uniform Disclaimer of Property Interests Act

§ 64.2-2600. Definitions - As used in this chapter: "Disclaimant" means the person to...

§ 64.2-2601. Scope - This chapter applies to disclaimers of any interest in or...

§ 64.2-2602. Chapter supplemented by other law - A. Unless displaced by a provision of this chapter, the...

§ 64.2-2603. Power to disclaim; general requirements; when irrevocable - A. A person may disclaim in whole or in part,...

§ 64.2-2604. Disclaimer of interest in property - A. In this section: "Future interest" means an interest that...

§ 64.2-2605. Disclaimer of rights of survivorship in jointly held property - A. Upon the death of a holder of jointly held...

§ 64.2-2606. Disclaimer of interest by trustee - If a trustee disclaims an interest in property that otherwise...

§ 64.2-2607. Disclaimer of power of appointment or other power not held in a fiduciary capacity - If a holder disclaims a power of appointment or other...

§ 64.2-2608. Disclaimer by appointee, object, or taker in default of exercise of power of appointment - A. A disclaimer of an interest in property by an...

§ 64.2-2609. Disclaimer of power held in fiduciary capacity - A. If a fiduciary disclaims a power held in a...

§ 64.2-2610. Delivery or filing - A. In this section, "beneficiary designation" means an instrument, other...

§ 64.2-2611. When disclaimer barred or limited - A. A disclaimer is barred by a written waiver of...

§ 64.2-2612. Tax qualified disclaimer - Notwithstanding any other provision of this chapter, if as a...

§ 64.2-2613. Recording of disclaimer - If an instrument transferring title to real property is disclaimed,...

§ 64.2-2614. Application to existing relationships - Except as otherwise provided in § 64.2-2611, an interest in...

Chapter 27 - Uniform Powers of Appointment Act

§ 64.2-2700. Definitions - As used in this chapter, unless the context requires a...

§ 64.2-2701. Repealed - Repealed by Acts 2016, c. 266, cl. 2.

§ 64.2-2705. Governing law - Unless the terms of the instrument creating a power of...

§ 64.2-2706. Common law and principles of equity - The common law and principles of equity supplement this chapter,...

§ 64.2-2707. Creation of power of appointment - A. A power of appointment is created only if: 1....

§ 64.2-2708. Nontransferability - A powerholder may not transfer a power of appointment. If...

§ 64.2-2709. Presumption of unlimited authority - Subject to § 64.2-2711, and unless the terms of the...

§ 64.2-2710. Exception to presumption of unlimited authority - Unless the terms of the instrument creating a power of...

§ 64.2-2711. Rules of classification - A. As used in this section, "adverse party" means a...

§ 64.2-2712. Power to revoke or amend - A donor may revoke or amend a power of appointment...

§ 64.2-2713. Requisites for exercise of power of appointment - A power of appointment is exercised only: 1. If the...

§ 64.2-2714. Intent to exercise; determining intent from residuary clause - A. As used in this section: "Residuary clause" does not...

§ 64.2-2715. Intent to exercise; after-acquired power - Unless the terms of the instrument exercising a power of...

§ 64.2-2716. Substantial compliance with donor-imposed formal requirement - A powerholder's substantial compliance with a formal requirement of appointment...

§ 64.2-2717. Permissible appointment - A. A powerholder of a general power of appointment that...

§ 64.2-2718. Appointment to deceased appointee - An appointment to a deceased appointee is ineffective. 2016, c....

§ 64.2-2719. Impermissible appointment - A. An exercise of a power of appointment in favor...

§ 64.2-2720. Selective allocation doctrine - If a powerholder exercises a power of appointment in a...

§ 64.2-2721. Capture doctrine; disposition of ineffectively appointed property under general power - To the extent that a powerholder of a general power...

§ 64.2-2722. Disposition of unappointed property under released or unexercised general power - To the extent that a powerholder releases or fails to...

§ 64.2-2723. Disposition of unappointed property under released or unexercised nongeneral power - To the extent that a powerholder releases, ineffectively exercises, or...

§ 64.2-2724. Disposition of unappointed property if partial appointment to taker in default - Unless the terms of the instrument creating or exercising a...

§ 64.2-2725. Appointment to taker in default - If a powerholder makes an appointment to a taker in...

§ 64.2-2726. Powerholder's authority to revoke or amend exercise - A powerholder may revoke or amend an exercise of a...

§ 64.2-2727. Disclaimer - As provided by Chapter 26 (§ 64.2-2600 et seq.): 1....

§ 64.2-2728. Authority to release - A powerholder may release a power of appointment, in whole...

§ 64.2-2729. Method of release - A powerholder of a releasable power of appointment may release...

§ 64.2-2730. Notice of release; recordation; fee - A. A fiduciary or other person, association, or corporation having...

§ 64.2-2731. Revocation or amendment of release - A powerholder may revoke or amend a release of a...

§ 64.2-2732. Power to contract; presently exercisable power of appointment - A powerholder of a presently exercisable power of appointment may...

§ 64.2-2733. Power to contract; power of appointment not presently exercisable - A powerholder of a power of appointment that is not...

§ 64.2-2734. Remedy for breach of contract to appoint or not to appoint - The remedy for a powerholder's breach of a contract to...

§ 64.2-2735. Creditor claim; general power created by powerholder - A. As used in this section, "power of appointment created...

§ 64.2-2736. Creditor claim; general power not created by powerholder - A. Except as otherwise provided in subsection C, appointive property...

§ 64.2-2737. Power to withdraw - A. For purposes of this article, and except as otherwise...

§ 64.2-2738. Creditor claim; nongeneral power - A. Except as otherwise provided in subsections B and C,...

§ 64.2-2739. Uniformity of application and construction - In applying and construing this chapter, consideration shall be given...

§ 64.2-2740. Relation to Electronic Signatures in Global and National Commerce Act - This chapter modifies, limits, or supersedes the Electronic Signatures in...

§ 64.2-2741. Application to existing relationships - A. Except as otherwise provided in this chapter, on and...

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Code of Virginia Title 64.2 - Wills, Trusts, and Fiduciaries

Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries