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 64.2-2715. Intent to exercise; after-acquired power |
Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: 1. Except as otherwise provided in subdivision 2, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and 2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective. 2016, c. 266 . |