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 64.2-2722. Disposition of unappointed property under released or unexercised general power |
To the extent that a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust: 1. The gift-in-default clause controls the disposition of the unappointed property; or 2. If there is no gift-in-default clause or to the extent that the clause is ineffective: a. Except as otherwise provided in subdivision 2 b, the unappointed property 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; or b. To the extent that the powerholder released the power, or if there is no taker under subdivision 2 a, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest. 2016, c. 266 . |