Va. Code § 64.2-2714: Intent to exercise; determining intent from residuary clause
Where this section sits in the code
- Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES
- Subtitle V. PROVISIONS APPLICABLE TO PROBATE AND NONPROBATE TRANSFERS
- Chapter 27. UNIFORM POWERS OF APPOINTMENT ACT
- Article 3. EXERCISE OF POWER OF APPOINTMENT
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; and4. The powerholder did not release the power.2016, c. 266.
Collected 2026-09-04T15:18:14Z. Source file · JSON