{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-106.html"}],"law_id":369195,"edition_id":2,"section_id":369195,"structure_id":52603,"section_number":"55.1-106","catch_line":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","history":"Code 1919, \u00a7 5147; Code 1950, \u00a7 55-7; 1978, c. 659; 2005, c. 935; 2019, c. 712.","full_text":"If any interest in or claim to real estate or personal property is disposed of by deed or will for life, with a limitation in remainder over, and the same instrument confers expressly or by implication a power upon the life tenant in his lifetime or by will to dispose absolutely of such property, the limitation in remainder over shall not fail, or be defeated, except to the extent that the life tenant lawfully exercised such power of disposal. A deed of trust or mortgage executed by the life tenant shall not be construed to be an absolute disposition of the estate, unless such estate is sold under the deed of trust or mortgage. A power of disposal held by any person in a fiduciary capacity under an express trust in writing shall not be deemed to be held by such fiduciary in a beneficial capacity and shall not be construed in any manner to enlarge the beneficial interest otherwise given to him under such trust.\n\n","order_by":null,"text":{"0":{"id":1376954,"text":"If any interest in or claim to real estate or personal property is disposed of by deed or will for life, with a limitation in remainder over, and the same instrument confers expressly or by implication a power upon the life tenant in his lifetime or by will to dispose absolutely of such property, the limitation in remainder over shall not fail, or be defeated, except to the extent that the life tenant lawfully exercised such power of disposal. A deed of trust or mortgage executed by the life tenant shall not be construed to be an absolute disposition of the estate, unless such estate is sold under the deed of trust or mortgage. A power of disposal held by any person in a fiduciary capacity under an express trust in writing shall not be deemed to be held by such fiduciary in a beneficial capacity and shall not be construed in any manner to enlarge the beneficial interest otherwise given to him under such trust.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52603,"edition_id":2,"name":"Creation and Transfer of Estates","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":52602,"metadata":{"child_laws":24,"child_structures":0},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471777,"object_type":"structure","relational_id":52603,"identifier":"1","token":"55.1\/I\/1\/1","url":"\/55.1\/I\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52602,"edition_id":2,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":52601,"metadata":{"child_laws":39,"child_structures":4},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471775,"object_type":"structure","relational_id":52602,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52601,"edition_id":2,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":52600,"metadata":{"child_laws":142,"child_structures":14},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471773,"object_type":"structure","relational_id":52601,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369170,"structure_id":52603,"section_number":"55.1-100","catch_line":"Aliens may acquire, hold, and transmit real estate; when reciprocity required","url":"\/55.1-100\/","token":"55.1\/I\/1\/1\/55.1-100","metadata":false},{"id":369182,"structure_id":52603,"section_number":"55.1-101","catch_line":"When deed or will necessary to convey estate; no parol partition or gift valid","url":"\/55.1-101\/","token":"55.1\/I\/1\/1\/55.1-101","metadata":false},{"id":369191,"structure_id":52603,"section_number":"55.1-102","catch_line":"When gift of personal property invalid","url":"\/55.1-102\/","token":"55.1\/I\/1\/1\/55.1-102","metadata":false},{"id":369192,"structure_id":52603,"section_number":"55.1-103","catch_line":"Suicide or attainder of felony","url":"\/55.1-103\/","token":"55.1\/I\/1\/1\/55.1-103","metadata":false},{"id":369193,"structure_id":52603,"section_number":"55.1-104","catch_line":"Estates to lie in grant as well as in livery","url":"\/55.1-104\/","token":"55.1\/I\/1\/1\/55.1-104","metadata":false},{"id":369194,"structure_id":52603,"section_number":"55.1-105","catch_line":"Same estates may be created by deed as by will","url":"\/55.1-105\/","token":"55.1\/I\/1\/1\/55.1-105","metadata":false},{"id":369195,"structure_id":52603,"section_number":"55.1-106","catch_line":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","url":"\/55.1-106\/","token":"55.1\/I\/1\/1\/55.1-106","metadata":false},{"id":369196,"structure_id":52603,"section_number":"55.1-107","catch_line":"Default or surrender of tenant for life not to prejudice remainderman","url":"\/55.1-107\/","token":"55.1\/I\/1\/1\/55.1-107","metadata":false},{"id":369197,"structure_id":52603,"section_number":"55.1-108","catch_line":"Conveyance of estate or interest in property by grantor to himself and another","url":"\/55.1-108\/","token":"55.1\/I\/1\/1\/55.1-108","metadata":false},{"id":369198,"structure_id":52603,"section_number":"55.1-109","catch_line":"Deed valid for grantor's right; operation of warranty","url":"\/55.1-109\/","token":"55.1\/I\/1\/1\/55.1-109","metadata":false},{"id":369199,"structure_id":52603,"section_number":"55.1-110","catch_line":"Conveyance, devise, or grant without words of limitation","url":"\/55.1-110\/","token":"55.1\/I\/1\/1\/55.1-110","metadata":false},{"id":369202,"structure_id":52603,"section_number":"55.1-111","catch_line":"Fee tail converted into fee simple","url":"\/55.1-111\/","token":"55.1\/I\/1\/1\/55.1-111","metadata":false},{"id":369203,"structure_id":52603,"section_number":"55.1-112","catch_line":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished","url":"\/55.1-112\/","token":"55.1\/I\/1\/1\/55.1-112","metadata":false},{"id":369204,"structure_id":52603,"section_number":"55.1-113","catch_line":"Doctrine of worthier title abolished","url":"\/55.1-113\/","token":"55.1\/I\/1\/1\/55.1-113","metadata":false},{"id":369205,"structure_id":52603,"section_number":"55.1-114","catch_line":"When contingent remainder not to fail","url":"\/55.1-114\/","token":"55.1\/I\/1\/1\/55.1-114","metadata":false},{"id":369206,"structure_id":52603,"section_number":"55.1-115","catch_line":"When remainders not defeated","url":"\/55.1-115\/","token":"55.1\/I\/1\/1\/55.1-115","metadata":false},{"id":369207,"structure_id":52603,"section_number":"55.1-116","catch_line":"In what conveyances possession transferred to the use","url":"\/55.1-116\/","token":"55.1\/I\/1\/1\/55.1-116","metadata":false},{"id":369208,"structure_id":52603,"section_number":"55.1-117","catch_line":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","url":"\/55.1-117\/","token":"55.1\/I\/1\/1\/55.1-117","metadata":false},{"id":369209,"structure_id":52603,"section_number":"55.1-118","catch_line":"Deed of release effectual","url":"\/55.1-118\/","token":"55.1\/I\/1\/1\/55.1-118","metadata":false},{"id":369210,"structure_id":52603,"section_number":"55.1-119","catch_line":"When person not a party, etc., may take or sue under instrument","url":"\/55.1-119\/","token":"55.1\/I\/1\/1\/55.1-119","metadata":false},{"id":369211,"structure_id":52603,"section_number":"55.1-120","catch_line":"Informalities in deeds made by attorneys-in-fact","url":"\/55.1-120\/","token":"55.1\/I\/1\/1\/55.1-120","metadata":false},{"id":369225,"structure_id":52603,"section_number":"55.1-121","catch_line":"Time for objections to irregularities in advertising sales made by trustees","url":"\/55.1-121\/","token":"55.1\/I\/1\/1\/55.1-121","metadata":false},{"id":369236,"structure_id":52603,"section_number":"55.1-122","catch_line":"Recovery at death of life tenant of taxes paid on life estate","url":"\/55.1-122\/","token":"55.1\/I\/1\/1\/55.1-122","metadata":false},{"id":369247,"structure_id":52603,"section_number":"55.1-123","catch_line":"Removal of a cloud on title; nature of plaintiff's title","url":"\/55.1-123\/","token":"55.1\/I\/1\/1\/55.1-123","metadata":false}],"previous_section":{"id":369194,"structure_id":52603,"section_number":"55.1-105","catch_line":"Same estates may be created by deed as by will","url":"\/55.1-105\/","token":"55.1\/I\/1\/1\/55.1-105","metadata":false},"next_section":{"id":369196,"structure_id":52603,"section_number":"55.1-107","catch_line":"Default or surrender of tenant for life not to prejudice remainderman","url":"\/55.1-107\/","token":"55.1\/I\/1\/1\/55.1-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-106\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 659; in 2005, chapter 935<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1471803,"object_type":"law","relational_id":369195,"identifier":"55.1-106","token":"55.1\/I\/1\/1\/55.1-106","url":"\/55.1-106\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-106\/","token":"55.1\/I\/1\/1\/55.1-106","dublin_core":{"Title":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any interest in or claim to real estate or personal property is disposed of by deed or will for life, with a limitation in remainder over, and the same instrument confers expressly or by implication a power upon the life tenant in his lifetime or by will to dispose absolutely of such property, the limitation in remainder over shall not fail, or be defeated, except to the extent that the life tenant lawfully exercised such power of disposal. A deed of trust or mortgage executed by the life tenant shall not be construed to be an absolute disposition<\/span> of the estate, unless such estate is sold under the deed of trust or mortgage. A power of disposal held by any person in a fiduciary capacity under an express trust in writing shall not be deemed to be held by such fiduciary in a beneficial capacity and shall not be construed in any manner to enlarge the beneficial interest otherwise given to him under such trust.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWER OF DISPOSAL IN LIFE TENANT NOT TO DEFEAT REMAINDER UNLESS EXERCISED; POWER\nOF DISPOSAL HELD BY FIDUCIARY (\u00a7 55.1-106)\n\nIf any interest in or claim to real estate or personal property is disposed of\nby deed or will for life, with a limitation in remainder over, and the same\ninstrument confers expressly or by implication a power upon the life tenant in\nhis lifetime or by will to dispose absolutely of such property, the limitation\nin remainder over shall not fail, or be defeated, except to the extent that the\nlife tenant lawfully exercised such power of disposal. A deed of trust or\nmortgage executed by the life tenant shall not be construed to be an absolute\ndisposition of the estate, unless such estate is sold under the deed of trust or\nmortgage. A power of disposal held by any person in a fiduciary capacity under\nan express trust in writing shall not be deemed to be held by such fiduciary in\na beneficial capacity and shall not be construed in any manner to enlarge the\nbeneficial interest otherwise given to him under such trust.\n\nHISTORY: Code 1919, \u00a7 5147; Code 1950, \u00a7 55-7; 1978, c. 659; 2005, c. 935;\n2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}