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Virginia · Through 9/4/2026 · Newer source version available

Va. Code § 64.2-2721: Capture doctrine; disposition of ineffectively appointed property under general power

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Where this section sits in the code
  1. Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES
  2. Subtitle V. PROVISIONS APPLICABLE TO PROBATE AND NONPROBATE TRANSFERS
  3. Chapter 27. UNIFORM POWERS OF APPOINTMENT ACT
  4. Article 3. EXERCISE OF POWER OF APPOINTMENT

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; or2. 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; orb. 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.

Collected 2026-09-04T15:18:14Z. Source file · JSON

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