reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-100. Short title

This title shall be known as the Virginia Workers' Compensation Act.
Code 1950, § 65-1; 1968, c. 660, § 65.1-1; 1983, c. 239; 1991, c. 355.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-101.1. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this title the Commission is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Commission may be sent by regular mail.
2011, c. 566.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-102. Coverage of firefighters and law-enforcement officers in off-duty capacity

A. Notwithstanding any other provision of law, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any firefighter or law-enforcement officer who, in an off-duty capacity or outside an assigned shift or work location, undertakes any law-enforcement or rescue activity. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.
B. For purposes of this section:
"Firefighter" means all (i) salaried firefighters, including special forest wardens designated pursuant to § 10.1-1135, emergency medical services personnel, and arson investigators and (ii) volunteer firefighters and emergency medical services personnel, if the governing body of the political subdivision in which the principal office of such volunteer fire company or volunteer emergency medical services agency is located has adopted a resolution acknowledging such volunteer fire company or volunteer emergency medical services agency as employees for purposes of this title.
"Law-enforcement officer" means all (i) members of county, city, town, or authority police departments, (ii) sheriffs and deputy sheriffs, (iii) auxiliary or reserve police and auxiliary or reserve deputy sheriffs, if the governing body of the political subdivision in which the principal office of such auxiliary or reserve police and auxiliary or reserve deputy sheriff force is located has adopted a resolution acknowledging such auxiliary or reserve police and auxiliary or reserve deputy sheriffs as employees for purposes of this title, (iv) members of the State Police Officers' Retirement System, and (v) members of the Capitol Police as described in § 30-34.2:1.
1993, c. 719; 2001, c. 330; 2008, c. 109; 2015, cc. 502, 503.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-103. Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders

A claim for workers' compensation benefits shall be deemed to be in the course of employment with the Virginia National Guard or Virginia Defense Force for any member thereof who, reacting to an order to report received while he is outside an assigned shift or work location, undertakes in direct obedience to a lawful military order travel by the most expeditious route to his designated place of state active duty pursuant to §§ 44-54.4, 44-75.1, and 44-78.1. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.
2005, c. 223; 2011, cc. 572, 586; 2015, c. 221.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-104. Coverage of first responders in off-duty capacity during state of emergency

A. Notwithstanding any other provision of law, if the Governor declares a state of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 et seq.) of Title 44, or any local director of emergency management with the consent of the appropriate local governing body declares an emergency pursuant to § 44-146.16, attributable to an enemy attack, sabotage or other hostile action, resource shortage, or fire, flood, earthquake or other natural cause, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any first responder who, in response to a lawful order issued pursuant to the state of emergency, travels by the most expeditious route to or from his home or other location outside an assigned shift or work location to or from that shift or work location. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.
B. For purposes of this section, "first responder" shall include any person referenced in subdivision 1 l of the definition of "employee" in § 65.2-101 who provides emergency services, during the period that the states of emergency defined in subsection A are in effect.
2005, c. 429.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-105. Presumption that certain injuries arose out of and in the course of employment

In any claim for compensation, where the employee (i) is physically or mentally unable to testify as confirmed by competent medical evidence, (ii) dies with there being no evidence that he ever regained consciousness after the accident, (iii) dies at the accident location or nearby, or (iv) is found dead where he is reasonably expected to be as an employee, and where the factual circumstances are of sufficient strength from which the only rational inference to be drawn is that the accident arose out of and in the course of employment, it shall be presumed the accident arose out of and in the course of employment, unless such presumption is overcome by a preponderance of competent evidence to the contrary.
2011, cc. 229, 304; 2012, c. 841; 2013, c. 169; 2016, c. 358.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 1 - Definitions and General Provisions › § 65.2-106. Criminal justice training academy trainees

A. Notwithstanding any other provision of law, any individual who receives training at a criminal justice training academy established pursuant to Article 5 (§ 15.2-1747 et seq.) of Chapter 17 of Title 15.2 shall not be deemed an employee of the criminal justice training academy. A criminal justice training academy shall have no liability to provide coverage or benefits under this title to any individual receiving training at the academy.
B. The employer that arranges for an individual to be trained at a criminal justice training academy shall provide coverage and benefits under this title to the individual during the period the individual is receiving training at the academy.
2013, c. 219.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 2 - Virginia Workers' Compensation Commission › § 65.2-200. Industrial Commission continued as the Virginia Workers' Compensation Commission; number, election and terms of members; vacancies; Chairman; members to devote entire time to office

A. The Industrial Commission of Virginia is continued and shall hereafter be known as the Virginia Workers' Compensation Commission. All powers and duties conferred and imposed upon the Industrial Commission by any other law are hereby conferred upon and vested in the Virginia Workers' Compensation Commission.
B. The Commission shall consist of three members, one of whom shall be chosen by the joint vote of the two houses of the General Assembly convened in an even-numbered year, and who shall serve for terms of six years.
C. Whenever a vacancy in the Commission occurs or exists when the General Assembly is in session, the General Assembly shall elect a successor for the unexpired term. If the General Assembly is not in session, the Governor shall forthwith appoint pro tempore a qualified person to fill the vacancy for a term ending thirty days after the commencement of the next session of the General Assembly, and the General Assembly shall elect a successor for the unexpired term.
D. Not more than one member of the Commission shall be a person who on account of his previous vocation, employment or affiliation shall be classified as a representative of employers, and not more than one such appointee shall be a person who on account of his previous vocation, employment or affiliation shall be classed as a representative of employees. The Commission thus composed shall elect one of its number chairman for a term of three years commencing on July 1, 1979, and each succeeding three years thereafter. Each member of the Commission shall devote his entire time to the duties of his office and shall not hold any position of trust or profit or engage in any occupation or business interfering or inconsistent with his duties as such member.
Code 1950, § 65-9; 1954, c. 233; 1968, c. 660, § 65.1-10; 1971, Ex. Sess., c. 70; 1979, c. 459; 1991, c. 355; 2006, c. 838.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 2 - Virginia Workers' Compensation Commission › § 65.2-201. General duties and powers of the Commission

A. It shall be the duty of the Commission to administer this title and adjudicate issues and controversies relating thereto. In all matters within the jurisdiction of the Commission, it shall have the power of a court of record to administer oath, to compel the attendance of witnesses and the production of documents, to punish for contempt, to appoint guardians pursuant to Part C (§ 64.2-1700 et seq.) of Subtitle IV of Title 64.2, and to enforce compliance with its lawful orders and awards. The Commission shall make rules and regulations for carrying out the provisions of this title.
B. The Commission may appoint deputies, bailiffs, and such other personnel as it may deem necessary for the purpose of carrying out the provisions of this title.
C. The Commission or any member thereof or any person deputized by it may for the purposes of this title subpoena witnesses, administer or cause to be administered oaths, and examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute arising in instances in which the Commission has power to award compensation. This authority shall extend to requests from like agencies of other states who honor similar requests from the Commission.
D. The Commission shall publish and, upon request, furnish free of charge, such blank forms and literature as it shall deem requisite to facilitate or promote the efficient administration of this title. The Commission shall publish a workers' compensation guide for employees which informs an injured employee of his rights under this title. If the Commission receives notice of an accident, it shall provide a workers' compensation guide to the employee.
E. A majority of the commissioners, including any deputy commissioner appointed or retired commissioner recalled pursuant to subsection D of § 65.2-705, shall constitute a quorum for the exercise of judicial, legislative, and discretionary functions of the Commission, whether there is a vacancy in the Commission or not, but a quorum shall not be necessary for the exercise of its administrative functions.
F. The Commission shall tabulate the accident reports received from employers in accordance with § 65.2-900 and shall publish the same in the annual report of the Commission and as often as it may deem advisable, in such detailed or aggregate form as it may deem best. The name of the employer or employee shall not appear in such publications, and the employers' reports shall be private records of the Commission and shall not be open for public inspection except for the inspection by the parties directly involved, and only to the extent of such interest. These reports shall not be used as evidence against any employer in any suit at law brought by any employee for the recovery of damages.
Code 1950, §§ 65-10, 65-14, 65-16, 65-19; 1952, c. 14; 1962, c. 339; 1968, c. 660, §§ 65.1-11, 65.1-18, 65.1-22; 1983, c. 102; 1991, c. 355; 2004, c. 178; 2012, c. 588; 2018, c. 250.
2023 Code of Virginia › Title 65.2 - Workers' Compensation › Chapter 2 - Virginia Workers' Compensation Commission › § 65.2-202. Subpoena powers of the Commission; production of records and papers

A. The Commission or any member or deputy commissioner shall have authority to enforce the attendance of all parties in interest and of witnesses and the production and examination of books, papers and records and to punish for contempt or disobedience of its orders as is vested in courts and judges by § 18.2-456, or Chapter 21 (§ 19.2-339 et seq.) of Title 19.2. Such attendance, production, and examination shall be required by subpoena of the Commission upon timely request therefor by any party to a proceeding before it, unless the Commission finds that the issuance of such subpoena is for dilatory purposes, would cause substantial inconvenience to such witnesses, or is not likely to produce significant relevant evidence.
B. The county or city sheriff or town sergeant, and their respective deputies, shall serve subpoenas of the Commission or its deputies and shall receive the same fees as are now provided by law for like civil actions. Each witness who appears in obedience to such subpoena of the Commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts.
C. The clerk of any court of record shall, upon the application of any party in interest to a proceeding pending under this title, issue a subpoena for the attendance at such proceeding of any witness whose testimony is sought. The return of any subpoena so issued shall be made to the Commission, which shall enforce the attendance of any such witness at such proceeding.
Code 1950, §§ 65-17 through 65-18.1; 1952, c. 470; 1968, c. 660, §§ 65.1-19 through 65.1-21; 1970, c. 470; 1971, Ex. Sess., c. 7; 1981, c. 531; 1991, c. 355.