Code of Virginia (Last Updated:July 28, 2020) |
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 |
SECTION 64.2-2714. Intent to exercise; determining intent from residuary clause |
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; and 4. The powerholder did not release the power. 2016, c. 266 . |