reglab/housing_qa huggingface dataset:
VA Code § 64.2-628 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-628. Requirements

A transfer on death deed:1. Except as otherwise provided in subdivision 2, shall contain the essential elements and formalities of a properly recordable inter vivos deed;2. Shall state that the transfer to the designated beneficiary is to occur at the transferor's death;3. Shall be recorded before the transferor's death in the land records of the clerk's office of the circuit court in the jurisdiction where the property is located;4. Shall comply with the requirements for recordation set forth in Chapter 6 (§ 55.1-600 et seq.) of Title 55.1 and shall be indexed by the clerk of court under the name of the transferor as grantor;5. Unless the transfer is for consideration, shall be exempt from recordation tax as provided by subsection J of § 58.1-811;6. For property owned by joint owners to be effective, shall be executed by all joint owners; and7. Shall be considered a deed for purposes of complying with the requirements of § 17.1-223.2013, c. 390.
VA Code § 64.2-629 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-629. Notice, delivery, acceptance, consideration not required

A transfer on death deed is effective without:1. Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or2. Consideration.2013, c. 390.
VA Code § 64.2-630 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-630. Revocation by instrument authorized; revocation by act not permitted

A. Subject to subsection B, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:1. Is one of the following:a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly;b. A transfer on death deed that names a designated beneficiary that is inconsistent with the designated beneficiary in a prior transfer on death deed;c. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed; ord. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.2. Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor's death in the land records of the clerk's office of the circuit court where the deed is recorded.B. If a transfer on death deed is made by more than one transferor:1. Revocation by a transferor does not affect the transfer on death deed as to the interest of another transferor; and2. A transfer on death deed of joint owners is revoked only if it is revoked by all of the living joint owners.C. After a transfer on death deed is recorded, it can be revoked only by an effective revocatory instrument recorded prior to the death of the transferor and may not be revoked by a revocatory act taken against or on the original or a copy of the recorded transfer on death deed.D. This section does not limit the effect of an inter vivos transfer of the property.2013, c. 390.
VA Code § 64.2-631 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-631. Effect of transfer on death deed during transferor's life

During a transferor's life, a transfer on death deed does not:1. Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;2. Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;3. Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;4. Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;5. Create a legal or equitable interest in favor of the designated beneficiary; or6. Subject the property to claims or process of a creditor of the designated beneficiary.2013, c. 390.
VA Code § 64.2-632 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-632. Effect of transfer on death deed at transferor's death

A. Except as otherwise provided in the transfer on death deed, in this section, in § 64.2-302 or Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3, as applicable, or in Chapter 22 (§ 64.2-2200 et seq.) or 25 (§ 64.2-2500 et seq.), on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:1. Subject to subdivision 2, the interest in the property is transferred to and vests in the designated beneficiary at the death of the transferor in accordance with the deed.2. The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.3. Subject to subdivision 4, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.4. If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.5. If, after making a transfer on death deed, the transferor is divorced a vinculo matrimonii or his marriage is annulled, the divorce or annulment revokes any transfer to a former spouse as designated beneficiary unless the transfer on death deed expressly provides otherwise.B. Subject to Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this subsection and Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, the transfer and conveyance of the property subject to the transfer on death deed shall be deemed to be effective at the transferor's death.C. If a transferor is a joint owner and is:1. Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship but remains subject to the naming of the designated beneficiary in the transfer on death deed; or2. The last surviving joint owner, the transfer on death deed is effective.D. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.2013, c. 390; 2016, cc. 187, 269.
VA Code § 64.2-633 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-633. Disclaimer

A beneficiary may disclaim all or part of the beneficiary's interest as provided by Chapter 26 (§ 64.2-2600 et seq.).2013, c. 390.
VA Code § 64.2-634 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-634. Liability for creditor claims and statutory allowances

A. After the death of the transferor, and subject to the transferor's right to direct the source from which liabilities will be paid, property transferred at the transferor's death by a transfer on death deed is subject to claims of the transferor's creditors, costs of administration of the transferor's estate, the expenses of the transferor's funeral and disposal of remains, and statutory allowances to a surviving spouse and children of the transferor including the family allowance, the right to exempt property, and the homestead allowance to the extent the transferor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.B. If more than one property is transferred by one or more transfer on death deeds, the liability under subsection A is apportioned among the properties in proportion to their net values at the transferor's death.C. A proceeding to enforce the liability under this section shall be commenced not later than one year after the transferor's death.2013, c. 390.
VA Code § 64.2-636 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-636. Optional form of revocation

The following form may be used to create an instrument of revocation under this article.THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE OR IT WILL NOT BE EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.THIS DEED IS EXEMPT FROM RECORDATION TAXES UNDER § 58.1-811(J) OF THE CODE OF VIRGINIA OF 1950, AS AMENDED.REVOCATION OF TRANSFER ON DEATH DEEDTHIS REVOCATION OF TRANSFER ON DEATH DEED, dated as of the __________ day of _______________, is made by TRANSFEROR OR TRANSFERORS (the Grantor(s)), whose address is ________________________________________.This Revocation of Transfer on Death Deed is made pursuant to the provisions of the Uniform Real Property Transfer on Death Act, Virginia Code, § 64.2-621 et seq.In accordance with the provisions of the Uniform Real Property Transfer on Death Act, I revoke all my previous transfers of the below described property by transfer on death deed:INSERT LEGAL DESCRIPTIONWitness the following signature and seals:________________________________________ (SEAL)TRANSFERORCOMMONWEALTH OF VIRGINIACITY/COUNTY OF ____________________, to wit:The foregoing instrument was acknowledged before me in the City/County of ____________________, Virginia this __________ day of _______________, by TRANSFEROR.________________________________________Notary PublicMy commission expires: ____________________Registration number: ____________________2013, c. 390.
VA Code § 64.2-637 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-637. Uniformity of application and construction

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.2013, c. 390.
VA Code § 64.2-638 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 6 - Transfers without Qualification|§ 64.2-638. Relation to federal Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the federal 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).2013, c. 390.
VA Code § 64.2-700 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-700. Scope

A. This chapter applies to express inter vivos trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. This chapter also applies to testamentary trusts, except to the extent that specific provision is made for them in Part A (§ 64.2-1200 et seq.) of Subtitle IV or elsewhere in the Code of Virginia, or to the extent it is clearly inapplicable to them. Section 64.2-775, which provides the duties of a trustee to inform and report to the trust's beneficiaries, shall apply to testamentary trusts. For purposes of this subsection, the word "trust" and the words "trustee" or "fiduciary," as used in Part A (§ 64.2-1200 et seq.) of Subtitle IV, shall be deemed to refer to testamentary trusts and testamentary trustees, except to the extent that the use of such words is clearly inapplicable to testamentary trusts and testamentary trustees. This chapter shall not apply to:1. A trust that is primarily used for business, investment, or commercial transactions, including business trusts, land trusts (§ 55.1-117), deeds of trusts (Article 2 (§ 55.1-316 et seq.) of Chapter 3 of Title 55.1), voting trusts, common trust funds, security arrangements, liquidation trusts, trusts created by deposit arrangement in a financial institution, and trusts created for paying debts, dividends, interest, or profits.2. A trust that is used primarily for employment including trusts created for paying salaries, wages, pensions, or employee benefits of any kind.3. A trust under which a person is a nominee or escrowee for another.4. Other special purpose trusts governed by particular statutes, including trusts under Title 57.B. Notwithstanding subsection A, a court, in exercising jurisdiction over the supervision or administration of trusts, may determine that application of the policies, procedures, or rules of the Code is appropriate to resolution of particular issues.2005, c. 935, § 55-541.02; 2012, c. 614.
VA Code § 64.2-702 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-702. Knowledge

A. Subject to subsection B, a person has knowledge of a fact if the person:1. Has actual knowledge of it;2. Has received a notice or notification of it; or3. From all the facts and circumstances known to the person at the time in question, has reason to know it.B. An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.2005, c. 935, § 55-541.04; 2012, c. 614.
VA Code § 64.2-703 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-703. Default and mandatory rules

A. Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.B. The terms of a trust prevail over any provision of this chapter except:1. The requirements for creating a trust;2. Subject to subsection I of § 64.2-756 and §§ 64.2-779.32 and 64.2-779.34, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;3. The requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;4. The power of the court to modify or terminate a trust under §§ 64.2-728 through 64.2-734;5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Article 5 (§ 64.2-742 et seq.);6. The power of the court under § 64.2-755 to require, dispense with, or modify or terminate a bond;7. The power of the court under subsection B of § 64.2-761 to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;8. The effect of an exculpatory term under § 64.2-799;9. The rights under §§ 64.2-801 through 64.2-804 of a person other than a trustee or beneficiary;10. Periods of limitation for commencing a judicial proceeding; and11. The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.2005, c. 935, § 55-541.05; 2007, c. 216; 2012, c. 614; 2020, c. 768.
VA Code § 64.2-704 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-704. Common law of trusts; principles of equity

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of the Commonwealth.2005, c. 935, § 55-541.06; 2012, c. 614.
VA Code § 64.2-705 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-705. Governing law

The meaning and effect of the terms of a trust are determined by:1. The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or2. In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.2005, c. 935, § 55-541.07; 2012, c. 614.
VA Code § 64.2-706 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-706. Principal place of administration

A. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of an inter vivos trust designating the principal place of administration are valid and controlling if:1. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;2. A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or3. All or part of the administration occurs in the designated jurisdiction.B. Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee of an inter vivos trust may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States that is appropriate to the trust's purposes, its administration, and the interests of the beneficiaries.C. When the proposed transfer of a trust's principal place of administration is to another state or to a jurisdiction outside of the United States, the trustee shall notify the qualified beneficiaries of the proposed transfer not less than 60 days before initiating the transfer. A corporate trustee that maintains a place of business in the Commonwealth where one or more trust officers are available on a regular basis for personal contact with trust customers and beneficiaries shall not be deemed to have transferred its principal place of administration if all or significant portions of the administration of the trust are performed outside the Commonwealth. The notice of proposed transfer shall include:1. The name of the jurisdiction to which the principal place of administration is to be transferred;2. The address and telephone number at the new location at which the trustee can be contacted;3. An explanation of the reasons for the proposed transfer;4. The date on which the proposed transfer is anticipated to occur; and5. The date, not less than 60 days after the giving of the notice, by which the qualified beneficiary shall notify the trustee of an objection to the proposed transfer.D. The authority of a trustee under this section to transfer a trust's principal place of administration to another state or to a jurisdiction outside of the United States terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.E. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to § 64.2-757.F. The court, for good cause shown, may transfer the principal place of administration of a testamentary trust to another state or to a jurisdiction outside of the United States upon such conditions, if any, as it may deem appropriate.2005, c. 935, § 55-541.08; 2012, c. 614; 2020, c. 768.
VA Code § 64.2-707 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-707. Methods and waiver of notice

A. Notice to a person under this chapter or the sending of a document to a person under this chapter shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.B. Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.C. Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.D. Notice of a judicial proceeding shall be given as provided in § 64.2-713.2005, c. 935, § 55-541.09; 2012, c. 614.
VA Code § 64.2-708 (2021)
2021 Code of Virginia|Title 64.2 - Wills, Trusts, and Fiduciaries|Chapter 7 - Uniform Trust Code|§ 64.2-708. Others treated as qualified beneficiaries

A. Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.B. A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date of the charitable organization's qualification is being determined:1. Is a distributee or permissible distributee of trust income or principal;2. Would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or3. Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.C. A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in § 64.2-726 or 64.2-727 has the rights of a qualified beneficiary under this chapter.D. The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in the Commonwealth but need not be given notices or information required under §§ 64.2-758 and 64.2-775 unless otherwise requested.2005, c. 935, § 55-541.10; 2012, c. 614.