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