LIS

Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Part .
Read Part

  • Article 2.
    Revocation and Effect
    Read all
  • § 64.2-412
    Revocation by divorce or annulment; revival upon remarriage; no revocation by other change
    § 64.2-1036
    Fiduciary duties; general principles
    § 64.2-1037
    Judicial review of exercise of discretionary power; request for instruction
    § 64.2-1038
    Fiduciary's power to adjust
    § 64.2-313
    When and how exempt property and allowances may be claimed
    § 64.2-108.2
    Provision in certain trust void
    § 64.2-1004
    Repealed
    § 64.2-309
    Family allowance
    § 64.2-310
    Exempt property
    § 64.2-311
    Homestead allowance
    § 64.2-609
    Money and personal property belonging to nonresident decedents
    § 64.2-510
    Affidavit relating to real estate of intestate decedent
    § 64.2-2707
    Creation of power of appointment
    § 64.2-2708
    Nontransferability
    § 64.2-2709
    Presumption of unlimited authority
    § 64.2-2710
    Exception to presumption of unlimited authority
    § 64.2-2711
    Rules of classification
    § 64.2-2712
    Power to revoke or amend
    § 64.2-102
    Meaning of child and related terms
    § 64.2-103
    Evidence of paternity
    § 64.2-104
    Incorporation by reference into a will, power of attorney, or trust instrument
    § 64.2-105
    Incorporation by reference of certain powers of fiduciaries into will or trust instrument
    § 64.2-106
    Grant of certain powers to personal representative or trustee by circuit court
    § 64.2-107
    Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election
    § 64.2-108
    Power granted to personal representatives and trustees to donate conservation or open-space easements
    § 64.2-108.1
    References to former sections, articles, or chapters
    § 64.2-606
    Transfer of certain vessels registered with U.S. Coast Guard and transfer of motor vehicles
    § 64.2-607
    Transfer of evidences of indebtedness, securities, and stock held in decedents' estates
    § 64.2-608
    Transfer of securities of nonresident decedents
    § 64.2-610
    When court may allow another to qualify on estate
    § 64.2-611
    Disposition by sheriff of property when no person entitled thereto
    § 64.2-312
    Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief
    § 64.2-314
    Waiver
    § 64.2-710
    Role of court in administration of trust
    § 64.2-711
    Jurisdiction over trustee and beneficiary
    § 64.2-712
    Proceedings to appoint or remove trustees
    § 64.2-713
    Pleadings; parties; orders; notice
    § 64.2-509
    List of heirs
    § 64.2-410
    Revocation of wills generally
    § 64.2-411
    Revival of wills after revocation
    § 64.2-413
    Effect of subsequent conveyance on will
  • Article 3.
    Construction and Effect
    Read all
  • § 64.2-414
    When wills deemed to speak
    § 64.2-417
    When advancement deemed satisfaction of devise or bequest
    § 64.2-419
    Provision for omitted children when no child living when will made
    § 64.2-420
    Provision for omitted children when child living when will made
    § 64.2-421
    Construction of certain conditions of spouse's survivorship
    § 64.2-422
    When omitted spouse to take intestate portion
    § 64.2-424
    When direction to purchase annuity binding on legatee
    § 64.2-425
    Interest on pecuniary legacies
    § 64.2-426
    Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999
    § 64.2-427
    Testamentary additions to trusts by testator dying after June 30, 1999
    § 64.2-428
    Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount
    § 64.2-429
    Construction of trust provisions otherwise eligible for the election permitted under § 2056(b)(7) of the Internal Revenue Code
    § 64.2-430
    Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981
    § 64.2-431
    Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution
    § 64.2-432
    Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011
    § 64.2-511
    Powers of executor before qualification
    § 64.2-512
    Funeral expenses
    § 64.2-513
    Effect of death, resignation, or removal of sole executor
    § 64.2-514
    Duty of every personal representative
    § 64.2-515
    Duty of fiduciaries as to joint accounts
    § 64.2-516
    Duties of fiduciaries as to certain obligations of the United States
    § 64.2-517
    Exercise of discretionary powers by surviving executors or administrators with the will annexed
    § 64.2-518
    When personal representative may renew obligation of decedent
    § 64.2-519
    Suits upon judgment and contracts of decedent and actions for personal injury or wrongful death
    § 64.2-714
    Representation; basic effect
    § 64.2-715
    Representation by holder of general testamentary power of appointment
    § 64.2-716
    Representation by fiduciaries and parents or other ancestors
    § 64.2-717
    Representation by person having substantially identical interest
    § 64.2-718
    Appointment of representative
    § 64.2-315
    Application
    § 64.2-316
    Presumptions
    § 64.2-318
    Perfection of title of surviving spouse
    § 64.2-319
    Perfection of title of personal representative, heir or devisee
    § 64.2-320
    Purchaser for value or lender
    § 64.2-321
    Creditor's rights
    § 64.2-322
    Acts of married persons
    § 64.2-323
    Limitations on testamentary disposition
    § 64.2-324
    Uniformity of application and construction
    § 64.2-612
    Definitions
    § 64.2-613
    Registration in beneficiary form; sole or joint tenancy ownership; applicable law
    § 64.2-614
    Origination of registration in beneficiary form
    § 64.2-615
    Form of registration in beneficiary form; effect
    § 64.2-616
    Ownership on death of owner
    § 64.2-617
    Protection of registering entity
    § 64.2-618
    Nontestamentary transfer on death
    § 64.2-619
    Terms, conditions, and forms for registration; examples
    § 64.2-423
    Repealed
    § 64.2-317
    Disposition upon death
    § 64.2-2713
    Requisites for exercise of power of appointment
    § 64.2-2714
    Intent to exercise; determining intent from residuary clause
    § 64.2-2715
    Intent to exercise; after-acquired power
    § 64.2-2716
    Substantial compliance with donor-imposed formal requirement
    § 64.2-2717
    Permissible appointment
    § 64.2-2718
    Appointment to deceased appointee
    § 64.2-2719
    Impermissible appointment
    § 64.2-2720
    Selective allocation doctrine
    § 64.2-2721
    Capture doctrine; disposition of ineffectively appointed property under general power
    § 64.2-2722
    Disposition of unappointed property under released or unexercised general power
    § 64.2-2723
    Disposition of unappointed property under released or unexercised nongeneral power
    § 64.2-2724
    Disposition of unappointed property if partial appointment to taker in default
    § 64.2-2725
    Appointment to taker in default
    § 64.2-2726
    Powerholder's authority to revoke or amend exercise
    § 64.2-520
    Action for goods carried away, or for waste, destruction of, or damage to estate of decedent
    § 64.2-109
    Repealed
    § 64.2-520.1
    Legal duty; action for damages from legal malpractice concerning estate planning; third parties
    § 64.2-1006
    Repealed
    § 64.2-520.2
    Reliance on certificate of qualification of a personal representative
    § 64.2-1039
    Definitions
    § 64.2-1040
    Application; duties and remedies
    § 64.2-1041
    Authority of fiduciary
    § 64.2-1042
    Notice
    § 64.2-1043
    Unitrust policy
    § 64.2-1044
    Unitrust rate
    § 64.2-1045
    Applicable value
    § 64.2-1046
    Period
    § 64.2-1047
    Special tax benefits; other rules
    § 64.2-415
    How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases
    § 64.2-416
    Devises, bequests, and distributions that fail; how to pass
    § 64.2-418
    When children or descendants of beneficiary to take estate or trust
  • Article 3.1.
    Uniform Fiduciary Access to Digital Assets Act
    Read all
  • § 64.2-116
    Definitions
    § 64.2-117
    Applicability
    § 64.2-118
    User direction for disclosure of digital assets
    § 64.2-119
    Terms-of-service agreement
    § 64.2-120
    Procedure for disclosing digital assets
    § 64.2-121
    Disclosure of content of electronic communications of deceased user
    § 64.2-122
    Disclosure of other digital assets of deceased user
    § 64.2-123
    Disclosure of content of electronic communications of principal
    § 64.2-124
    Disclosure of other digital assets of principal
    § 64.2-125
    Disclosure of digital assets held in trust when trustee is original user
    § 64.2-126
    Disclosure of contents of electronic communications held in trust when trustee is not original user
    § 64.2-127
    Disclosure of other digital assets held in trust when trustee is not original user
    § 64.2-128
    Disclosure of digital assets to conservator or guardian of protected person
    § 64.2-129
    Fiduciary duty and authority
    § 64.2-130
    Custodian compliance and immunity
    § 64.2-131
    Uniformity of application and construction
    § 64.2-132
    Relation to Electronic Signatures in Global and National Commerce Act
  • Article 4.
    Disclaimer or Release; Contract to Appoint or Not to Appoint
    Read all
  • § 64.2-2727
    Disclaimer
    § 64.2-2728
    Authority to release
    § 64.2-2729
    Method of release
    § 64.2-2730
    Notice of release; recordation; fee
    § 64.2-2731
    Revocation or amendment of release
    § 64.2-2732
    Power to contract; presently exercisable power of appointment
    § 64.2-2733
    Power to contract; power of appointment not presently exercisable
    § 64.2-2734
    Remedy for breach of contract to appoint or not to appoint
    § 64.2-726
    Trust for care of animal
    § 64.2-741
    Powers of courts not impaired by §§ 64.2-736 through 64.2-740
    § 64.2-620
    Nonprobate transfers on death
    § 64.2-720
    Requirements for creation
    § 64.2-721
    Trusts created in other jurisdictions
    § 64.2-722
    Trust purposes
    § 64.2-723
    Charitable purposes; enforcement
    § 64.2-724
    Creation of trust induced by fraud, duress, or undue influence
    § 64.2-725
    Evidence of oral trust
    § 64.2-727
    Noncharitable trust without ascertainable beneficiary
    § 64.2-728
    Modification or termination of trust; proceedings for approval or disapproval
    § 64.2-729
    Modification or termination of noncharitable irrevocable trust by consent
    § 64.2-730
    Modification or termination because of unanticipated circumstances or inability to administer trust effectively
    § 64.2-731
    Cy pres
    § 64.2-733
    Reformation to correct mistakes
    § 64.2-734
    Modification to achieve settlor's tax objectives
    § 64.2-735
    Combination and division of trusts
    § 64.2-736
    Amendment of trust where gift, grant, or will establishes private foundation or constitutes a charitable trust or a split-interest trust
    § 64.2-737
    Distribution of income of trust that is a private foundation or a charitable trust; prohibitions as to such private foundation
    § 64.2-738
    Prohibitions as to trust that is deemed a split-interest trust
    § 64.2-739
    Application of §§ 64.2-737 and 64.2-738
    § 64.2-740
    Interpretation of references to Internal Revenue Code in §§ 64.2-736 through 64.2-739
    § 64.2-521
    Personal representatives to sell real estate devised to be sold, and to receive certain rents
    § 64.2-522
    Personal representatives to pay over sale proceeds and rents to persons entitled
    § 64.2-523
    Personal representative may execute deed pursuant to written contract of decedent
    § 64.2-524
    Validation of certain conveyances by foreign executor
    § 64.2-433
    Definitions
    § 64.2-434
    Validity
    § 64.2-435
    Requirements
    § 64.2-436
    Other points of form
    § 64.2-437
    Certificate
    § 64.2-438
    Effect of certificate
    § 64.2-439
    Revocation
    § 64.2-440
    Source and construction
    § 64.2-441
    Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency
    § 64.2-442
    International will information registration
    § 64.2-719
    Methods of creating trust
    § 64.2-1048
    Character of receipts from entity
    § 64.2-1049
    Distribution from trust or estate
    § 64.2-1050
    Business or other activity conducted by fiduciary
    § 64.2-1009
    Repealed
    § 64.2-1012
    Repealed
    § 64.2-1016
    Repealed
    § 64.2-732
    Modification or termination of uneconomic trust
  • Article 6.
    Miscellaneous Provisions
    Read all
  • § 64.2-2739
    Uniformity of application and construction
    § 64.2-2740
    Relation to Electronic Signatures in Global and National Commerce Act
    § 64.2-2741
    Application to existing relationships
    § 64.2-750
    Capacity of settlor of revocable trust
    § 64.2-751
    Revocation or amendment of revocable trust
    § 64.2-753
    Limitation on action contesting validity of revocable trust; distribution of trust property
    § 64.2-532
    Real estate of decedent as assets for payment of debts
    § 64.2-533
    Administration of assets for payment of debts
    § 64.2-534
    Liability of heir or devisee for value of real estate sold and conveyed; validity of premature conveyances
    § 64.2-535
    When sale and conveyance within one year valid against creditors; proceeds paid to special commissioner; bond to obtain proceeds
    § 64.2-536
    Liability of heir or devisee; action by personal representative or creditor; recording notice of lis pendens; evidence
    § 64.2-537
    Action to enforce claim of less than $100; notice
    § 64.2-538
    Lien acquired during lifetime of decedent not affected
    § 64.2-455
    Wills to be recorded; recording copies; effect; transfer to the Library of Virginia
    § 64.2-456
    Bona fide purchaser of real estate without notice of devise protected
    § 64.2-457
    Bona fide purchaser of real estate without notice of devise protected; later will
    § 64.2-458
    Bona fide purchaser of real estate without notice of devise protected; intestacy
    § 64.2-752
    Settlor's powers; powers of withdrawal
    § 64.2-1055
    Insubstantial allocation not required
    § 64.2-1056
    Deferred compensation, annuity, or similar payment
    § 64.2-1057
    Liquidating asset
    § 64.2-1058
    Minerals, water, and other natural resources
    § 64.2-1059
    Timber
    § 64.2-1060
    Marital deduction property not productive of income
    § 64.2-1061
    Derivative or option
    § 64.2-1062
    Asset-backed security
    § 64.2-1063
    Other financial instrument or arrangement
    § 64.2-1030
    Repealed
  • Article 9.
    Settlement of Accounts and Distribution
    Read all
  • § 64.2-556
    Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund
    § 64.2-1073
    When right to income begins and ends
    § 64.2-1074
    Apportionment of receipts and disbursements when decedent dies or income interest begins
    § 64.2-1075
    Apportionment when income interest ends
    § 64.2-550
    Proceedings for receiving proof of debts by commissioners of accounts
    § 64.2-551
    Account of debts by commissioners of accounts
    § 64.2-552
    How claims filed before commissioners of accounts; tolling of limitations period
    § 64.2-553
    When court to order payment of debts
    § 64.2-554
    When distribution may be required; refunding bond
    § 64.2-555
    When fiduciaries are protected by refunding bonds
    § 64.2-557
    Form for notice to show cause under § 64.2-556
    § 64.2-558
    Distribution to persons standing in loco parentis to certain beneficiaries
    § 64.2-780
    Definition of terms
    § 64.2-781
    Prudent investor rule
    § 64.2-782
    Standard of care; portfolio strategy; risk and return objectives
    § 64.2-783
    Diversification by trustee
    § 64.2-784
    Duties at inception of trusteeship
    § 64.2-785
    Loyalty and impartiality
    § 64.2-786
    Investment costs
    § 64.2-787
    Reviewing compliance
    § 64.2-788
    Delegation of investment and management functions
    § 64.2-789
    Language invoking standard of article
    § 64.2-790
    Application to existing trusts
    § 64.2-791
    Uniformity of application and construction