{"data":{"id":"us-va/va.-code-64.2-2735","jurisdiction":"us-va","citation":"Va. Code § 64.2-2735","heading":"Creditor claim; general power created by powerholder","body":"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; and2. 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.","path":["Title 64.2. Wills, Trusts, and Fiduciaries","Subtitle V. Provisions Applicable to Probate and Nonprobate Transfers","Chapter 27. Uniform Powers of Appointment Act","Article 5. Right of Powerholder's Creditors in Appointive Property"],"source_url":"https://law.lis.virginia.gov/vacode/64.2-2735/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:18:14Z","sha256":"ab827a12298ad9b9f44405c95edc1f9777231049a0881ab606629b2ee3842b19","source_id":"us-va","stale":true,"prev":"us-va/va.-code-64.2-2734","next":"us-va/va.-code-64.2-2736"},"notice":"GroundRules: Original legal text. Not legal advice."}