dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 25 (ACTS BARRING PROPERTY RIGHTS)
§ 64.2-2507. Powers of appointment.
A. The slayer shall be deemed to have predeceased the decedent as to any exercise in the decedent's will of a power of appointment in favor of the slayer and the appointment shall be deemed to have lapsed.

B. Property held either presently or in remainder by the slayer subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent. Property held by the slayer subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons shall pass to such person or persons or in equal shares to the members of such class of persons, exclusive of the slayer.

1981, c. 469, § 55-410; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 25 (ACTS BARRING PROPERTY RIGHTS)
§ 64.2-2508. Proceeds of insurance; bona fide payment by insurance company or obligor.
A. Insurance proceeds payable to the slayer as the beneficiary or assignee of any policy or certificate of insurance or bond or other contractual agreement on the life of the decedent or as the survivor of a joint life policy shall be paid to the estate of the decedent, unless the policy or certificate designates some person as an alternative beneficiary to the slayer.

B. If the decedent is the beneficiary or assignee of any policy or certificate of insurance on the life of the slayer, the proceeds shall be paid to the estate of the decedent upon the death of the slayer, unless the policy names some person other than the slayer or his estate as an alternative beneficiary, or unless the slayer, by naming a new beneficiary or by assigning the policy, performs an act that would have deprived the decedent of his interest in the policy if he had been living.

C. No insurance company shall be subject to liability on a policy insuring the life of the decedent if (i) as a part of the slayer's plan to murder the decedent, such policy was procured and maintained by the slayer or as a result of actions taken or participated in by the slayer whether directly or indirectly and (ii) the decedent's death resulted from the slayer's act committed within two years from the date such policy was issued by the insurance company.

D. Any insurer making payment according to the terms of its policy or contract or any bank or other person performing an obligation for the slayer as one of several joint obligees shall not be subjected to additional liability by the terms of this section if such payment or performance is made without notice of circumstances bringing it within the provisions of this section.

1981, c. 469, § 55-411; 2008, cc. 822, 830; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 25 (ACTS BARRING PROPERTY RIGHTS)
§ 64.2-2509. Persons acquiring from slayer protected.
The provisions of this chapter shall not affect the right of any person who, before the interests of the slayer have been adjudicated, acquires from the slayer for adequate consideration property or an interest therein that the slayer would have received except for the terms of this chapter, provided that such property or interest is acquired without notice of circumstances tending to bring it within the provisions of this chapter. All consideration received by the slayer shall be held by him in trust for the persons entitled to the property under the provisions of this chapter, and the slayer shall be liable for any portion of such consideration that he may have dissipated and for any difference between the actual value of the property and the amount of such consideration.

1981, c. 469, § 55-412; 2008, cc. 822, 830; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 25 (ACTS BARRING PROPERTY RIGHTS)
§ 64.2-2510. Admissibility of judicial record determining slayer.
The record of the judicial proceeding in which a person is determined to be a slayer shall be admissible in evidence for or against a claimant of property in any civil action arising under this chapter. A conviction shall be conclusive evidence of the guilt of the slayer.

1981, c. 469, § 55-413; 2008, cc. 822, 830; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 25 (ACTS BARRING PROPERTY RIGHTS)
§ 64.2-2511. Construction.
A. This chapter shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of the Commonwealth that no person shall be allowed to profit by his own wrong, wherever committed. In furtherance of this policy, the provisions of this chapter are not intended to be exclusive and all common law rights and remedies that prevent one who has participated in the willful and unlawful killing of another from profiting by his wrong shall continue to exist in the Commonwealth.

B. If this chapter or any part thereof is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, any person who, not for value, receives a payment, an item of property, or any other benefit to which he is not entitled under this chapter shall return that payment, item of property, or other benefit or be liable for the amount of the payment or the value of the property or benefit to the person who would have been entitled to it were this chapter or part thereof not preempted.

C. The Uniform Simultaneous Death Act (§ 64.2-2200 et seq.) shall not apply to cases governed by this chapter.

1981, c. 469, §§ 55-414, 55-415; 1994, c. 475; 2007, c. 301; 2008, cc. 822, 830; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2600. Definitions.
As used in this chapter:

"Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

"Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.

"Disclaimer" means the refusal to accept an interest in or power over property.

"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property and includes, without limitation, property held as tenants by the entirety.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.

"Trust" means (i) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (ii) a trust created pursuant to a statute, judgment, or decree, that requires the trust to be administered in the manner of an express trust.

2003, c. 253, § 64.1-196.1; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2601. Scope.
This chapter applies to disclaimers of any interest in or power over property, whenever created.

2003, c. 253, § 64.1-196.2; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2602. Chapter supplemented by other law.
A. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

B. This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.

2003, c. 253, § 64.1-196.3; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2603. Power to disclaim; general requirements; when irrevocable.
A. A person may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

B. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of the Commonwealth or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

C. A custodial parent of a minor for whom no guardian of the property has been appointed may disclaim, in whole or in part, an interest in or power over property, including a power of appointment, that, but for the custodial parent's disclaimer, would have passed to the minor as the result of another disclaimer. The custodial parent may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

D. To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 64.2-2610. In this subsection, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

E. A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of power, or any other interest or estate in the property.

F. A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 64.2-2610 or when it becomes effective as provided in §§ 64.2-2604 through 64.2-2609, whichever occurs later.

G. A disclaimer made under this chapter is not a transfer, assignment, or release.

2003, c. 253, § 64.1-196.4; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2604. Disclaimer of interest in property.
A. In this section:

"Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

"Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

B. Except for a disclaimer governed by § 64.2-2605 or 64.2-2606, the following rules apply to a disclaimer of an interest in property:

1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

2. The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

3. If the instrument does not contain a provision described in subdivision 2, the following rules apply:

a. If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive at the time of distribution.

b. If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

4. Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

2003, c. 253, § 64.1-196.5; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2605. Disclaimer of rights of survivorship in jointly held property.
A. Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of (i) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates or (ii) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

B. A disclaimer under subsection A takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

C. An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.

2003, c. 253, § 64.1-196.6; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2606. Disclaimer of interest by trustee.
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

2003, c. 253, § 64.1-196.7; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 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 power not held in a fiduciary capacity, the following rules apply:

1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

2. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

3. The instrument creating the power is construed as if the power expired when the disclaimer became effective.

2003, c. 253, § 64.1-196.8; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 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 appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

B. A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.

2003, c. 253, § 64.1-196.9; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2609. Disclaimer of power held in fiduciary capacity.
A. If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

B. If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

C. A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.

2003, c. 253, § 64.1-196.10; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2611. When disclaimer barred or limited.
A. A disclaimer is barred by a written waiver of the right to disclaim.

B. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (i) the disclaimant accepts the interest sought to be disclaimed; (ii) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (iii) a judicial sale of the interest sought to be disclaimed occurs.

C. A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

D. A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

E. A disclaimer is barred or limited if so provided by law other than this chapter.

F. A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.

2003, c. 253, § 64.1-196.12; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2612. Tax qualified disclaimer.
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.

2003, c. 253, § 64.1-196.13; 2012, c. 614.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2613. Recording of disclaimer.
If an instrument transferring title to real property is disclaimed, a copy of the disclaimer shall be recorded in the office of the clerk of the circuit court for the jurisdiction where the real property is located. If any other interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

2003, c. 253, § 64.1-196.14; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 26 (UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT)
§ 64.2-2614. Application to existing relationships.
Except as otherwise provided in § 64.2-2611, an interest in or power over property existing on July 1, 2003, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.

2003, c. 253, § 64.1-196.15; 2012, c. 614.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2701. Repealed.
Repealed by Acts 2016, c. 266, cl. 2.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2705. Governing law.
Unless the terms of the instrument creating a power of appointment manifest a contrary intent:

1. The creating, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and

2. The exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder's domicile at the relevant time.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2706. Common law and principles of equity.
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or other law of the Commonwealth.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2707. Creation of power of appointment.
A. A power of appointment is created only if:

1. The instrument creating the power:

a. Is valid under applicable law; and

b. Except as otherwise provided in subsection B, transfers the appointive property; and

2. The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.

C. A power of appointment may not be created in a deceased individual.

D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2708. Nontransferability.
A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2709. Presumption of unlimited authority.
Subject to § 64.2-2711, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:

1. Presently exercisable;

2. Exclusionary; and

3. Except as otherwise provided in § 64.2-2710, general.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2710. Exception to presumption of unlimited authority.
Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:

1. The power is exercisable only at the powerholder's death; and

2. The permissible appointees of the power do not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2711. Rules of classification.
A. As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.

B. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.

C. Only a power of appointment whose permissible appointees are defined and limited can be nonexclusionary.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2712. Power to revoke or amend.
A donor may revoke or amend a power of appointment only to the extent that:

1. The instrument creating the power is revocable by the donor; or

2. The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2713. Requisites for exercise of power of appointment.
A power of appointment is exercised only:

1. If the instrument exercising the power is valid under applicable law;

2. If the terms of the instrument exercising the power:

a. Manifest the powerholder's intent to exercise the power; and

b. Subject to § 64.2-2716, satisfy the requirements of exercise, if any, imposed by the donor; and

3. To the extent that the appointment is a permissible exercise of the power.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2714. Intent to exercise; determining intent from residuary clause.
A. As used in this section:

"Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

"Will" includes a codicil and a testamentary instrument that revises another will.

B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

1. The terms of the instrument containing the residuary clause do not manifest a contrary intent;

2. The power is a general power exercisable in favor of the powerholder's estate;

3. There is no gift-in-default clause or the clause is ineffective; and

4. The powerholder did not release the power.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2715. Intent to exercise; after-acquired power.
Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:

1. Except as otherwise provided in subdivision 2, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and

2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2716. Substantial compliance with donor-imposed formal requirement.
A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:

1. The powerholder knows of and intends to exercise the power; and

2. The powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2717. Permissible appointment.
A. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.

B. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.

C. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:

1. Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;

2. Create a general power or a nongeneral power in a permissible appointee; or

3. Create a nongeneral power in an impermissible appointee to appoint to one or more of the permissible appointees of the original nongeneral power.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2718. Appointment to deceased appointee.
An appointment to a deceased appointee is ineffective.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2719. Impermissible appointment.
A. An exercise of a power of appointment in favor of an impermissible appointee is ineffective.

B. An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent that the appointment is a fraud on the power.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2720. Selective allocation doctrine.
If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2721. Capture doctrine; disposition of ineffectively appointed property under general power.
To the extent that a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or

2. If there is no gift-in-default clause or to the extent that the clause is ineffective, the ineffectively appointed property:

a. Passes to:

(1) The powerholder if the powerholder is a permissible appointee and living; or

(2) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

b. If there is no taker under subdivision 2 a, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2722. Disposition of unappointed property under released or unexercised general power.
To the extent that a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:

1. The gift-in-default clause controls the disposition of the unappointed property; or

2. If there is no gift-in-default clause or to the extent that the clause is ineffective:

a. Except as otherwise provided in subdivision 2 b, the unappointed property passes to:

(1) The powerholder if the powerholder is a permissible appointee and living; or

(2) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

b. To the extent that the powerholder released the power, or if there is no taker under subdivision 2 a, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2723. Disposition of unappointed property under released or unexercised nongeneral power.
To the extent that a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

1. The gift-in-default clause controls the disposition of the unappointed property; or

2. If there is no gift-in-default clause or to the extent that the clause is ineffective, the unappointed property:

a. Passes to the permissible appointees if:

(1) The permissible appointees are defined and limited; and

(2) The terms of the instrument creating the power do not manifest a contrary intent; or

b. If there is no taker under subdivision 2 a, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2724. Disposition of unappointed property if partial appointment to taker in default.
Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2725. Appointment to taker in default.
If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2726. Powerholder's authority to revoke or amend exercise.
A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:

1. The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment, and if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or

2. The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2727. Disclaimer.
As provided by Chapter 26 (§ 64.2-2600 et seq.):

1. A powerholder may disclaim all or part of a power of appointment.

2. A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2728. Authority to release.
A powerholder may release a power of appointment, in whole or in part, except to the extent that the terms of the instrument creating the power prevent the release.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2729. Method of release.
A powerholder of a releasable power of appointment may release the power in whole or in part:

1. By substantial compliance with a method provided in the terms of the instrument creating the power; or

2. If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2730. Notice of release; recordation; fee.
A. A fiduciary or other person, association, or corporation having possession or control of any appointive property, other than the powerholder, shall not be deemed to have notice of a release of the power of appointment until the original or a copy of the release is delivered to such fiduciary or other person, association, or corporation.

B. A purchaser or mortgagee of any real property subject to a power of appointment, without actual notice of the release, shall not be deemed to have notice of a release of power until (i) the original or a copy of the release is recorded in the circuit court clerk's office in the county or city in which the real property is located, referencing the will or deed book where the instrument creating the power is recorded, and (ii) the deed, will, or other instrument creating the power of appointment, or a certified copy thereof, is recorded in the same clerk's office.

C. No release shall be invalid or ineffective for failing to comply with subsection A or B.

D. The clerk shall record a release of a power of appointment in the deed book and index the release in the daily and general indexes with the name of the powerholder being entered on the grantor index. For each such recordation, the clerk shall be paid a fee in the amount applicable to the recordation of deeds as set forth in subdivision A 2 of § 17.1-275 and an additional fee of $5.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2731. Revocation or amendment of release.
A powerholder may revoke or amend a release of a power of appointment only to the extent that:

1. The instrument of release is revocable by the powerholder; or

2. The powerholder reserves a power of revocation or amendment in the instrument of release.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2732. Power to contract; presently exercisable power of appointment.
A powerholder of a presently exercisable power of appointment may contract:

1. Not to exercise the power; or

2. To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2733. Power to contract; power of appointment not presently exercisable.
A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

1. Is also the donor of the power; and

2. Has reserved the power in a revocable trust.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 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 appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2735. Creditor claim; general power created by powerholder.
A. As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent that the powerholder contributed value to the transfer.

B. Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in Chapter 4 (§ 55.1-400 et seq.) of Title 55.1.

C. Subject to subsection B, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.

D. Subject to subsections B and C, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:

1. The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and

2. The powerholder's estate, to the extent that the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2736. Creditor claim; general power not created by powerholder.
A. Except as otherwise provided in subsection C, appointive property subject to a presently exercisable general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of the powerholder to the extent that the powerholder's property is insufficient.

B. Appointive property subject to a general power of appointment exercisable at the powerholder's death is not subject to a claim of a creditor of the powerholder or the powerholder's estate except to the extent that the power is exercised in favor of the powerholder's estate.

C. Subject to subsection C of § 64.2-2738, a power of appointment created by a person other than the powerholder, which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as amended, is treated for purposes of this article as a nongeneral power.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2737. Power to withdraw.
A. For purposes of this article, and except as otherwise provided in subsection B, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.

B. On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent that the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. § 2041(b)(2) and 26 U.S.C. § 2514(e) or two times the amount specified in 26 U.S.C. § 2503(b), as amended.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2738. Creditor claim; nongeneral power.
A. Except as otherwise provided in subsections B and C, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.

B. Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of Chapter 4 (§ 55.1-400 et seq.) of Title 55.1.

C. If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this article as a general power.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2739. Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2740. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

2016, c. 266.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 27 (UNIFORM POWERS OF APPOINTMENT ACT)
§ 64.2-2741. Application to existing relationships.
A. Except as otherwise provided in this chapter, on and after July 1, 2016:

1. This chapter applies to a power of appointment created before, on, or after July 1, 2016;

2. This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after July 1, 2016;

3. This chapter applies to a judicial proceeding concerning a power of appointment commenced before July 1, 2016, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;

4. A rule of construction or presumption provided in this chapter applies to an instrument executed before July 1, 2016, unless there is a clear indication of a contrary intent in the terms of the instrument; and

5. Except as otherwise provided in subdivisions 1 through 4, an action done before July 1, 2016, is not affected by this chapter.

B. If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of the Commonwealth other than this chapter before July 1, 2016, the law continues to apply to the right.

2016, c. 266.
Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 3 (Rights of Married Persons)
§ 64.2-300. Applicability; definitions.
A. The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying before January 1, 2017.

B. As used in this article, the terms "estate" and "property" shall include insurance policies, retirement benefits exclusive of federal social security benefits, annuities, pension plans, deferred compensation arrangements, and employee benefit plans to the extent owned by, vested in, or subject to the control of the decedent on the date of his death or the date of an irrevocable transfer by him during his lifetime. All such insurance policies and other benefits are included in the terms "estate" and "property" notwithstanding the presence of language contained in any statute otherwise providing that neither they nor their proceeds shall be liable to attachment, garnishment, levy, execution, or other legal process or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law or any other such similar language.

1990, c. 831, §§ 64.1-16.1, 64.1-16.2; 1992, cc. 617, 647; 1998, c. 234; 1999, c. 38; 2007, c. 308; 2012, c. 614; 2016, cc. 187, 269.

Code of Virginia — Title 64.2 (Wills, Trusts, and Fiduciaries), Chapter 3 (Rights of Married Persons)
§ 64.2-301. Dower or curtesy abolished.
The interests of dower and curtesy are abolished. However, the abolition of dower and curtesy pursuant to this section shall not change or diminish the nature or right of (i) any dower or curtesy interest of a surviving spouse whose dower or curtesy vested prior to January 1, 1991, or (ii) a creditor or other interested third party in any real estate subject to a right of dower or curtesy.

The rights of all such parties, and the procedures for enforcing such rights, shall continue to be governed by the laws in force prior to January 1, 1991.

1990, c. 831, § 64.1-19.2; 2012, c. 614.