{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2736.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2736.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2736.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2736.html"}],"law_id":376159,"edition_id":2,"section_id":376159,"structure_id":53494,"section_number":"64.2-2736","catch_line":"Creditor claim; general power not created by powerholder","history":"2016, c. 266.","full_text":"A\n\nExcept as otherwise provided in subsection C, appointive property subject to a presently exercisable general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of the powerholder to the extent that the powerholder’s property is insufficient.\n\nB\n\nAppointive property subject to a general power of appointment exercisable at the powerholder’s death is not subject to a claim of a creditor of the powerholder or the powerholder’s estate except to the extent that the power is exercised in favor of the powerholder’s estate.\n\nC\n\nSubject to subsection C of § 64.2-2738, a power of appointment created by a person other than the powerholder, which is subject to an ascertainable standard relating to an individual’s health, education, support, or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as amended, is treated for purposes of this article as a nongeneral power.\n\n","order_by":null,"text":{"0":{"id":1404503,"text":"Except as otherwise provided in subsection C, appointive property subject to a presently exercisable general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of the powerholder to the extent that the powerholder’s property is insufficient.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404504,"text":"Appointive property subject to a general power of appointment exercisable at the powerholder’s death is not subject to a claim of a creditor of the powerholder or the powerholder’s estate except to the extent that the power is exercised in favor of the powerholder’s estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404505,"text":"Subject to subsection C of § 64.2-2738, a power of appointment created by a person other than the powerholder, which is subject to an ascertainable standard relating to an individual’s health, education, support, or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as amended, is treated for purposes of this article as a nongeneral power.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53494,"edition_id":2,"name":"Right of Powerholder's Creditors in Appointive Property","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":53489,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 03:17:14","date_modified":"2026-08-02 12:37:25","permalink":{"id":1503085,"object_type":"structure","relational_id":53494,"identifier":"5","token":"64.2\/V\/27\/5","url":"\/64.2\/V\/27\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53489,"edition_id":2,"name":"Uniform Powers of Appointment Act","identifier":"27","label":"chapter","depth":3,"order_by":6,"parent_id":53483,"metadata":{"child_laws":39,"child_structures":6},"date_created":"2026-08-02 03:17:10","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502947,"object_type":"structure","relational_id":53489,"identifier":"27","token":"64.2\/V\/27","url":"\/64.2\/V\/27\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53483,"edition_id":2,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":53424,"metadata":{"child_laws":90,"child_structures":12},"date_created":"2026-08-02 03:17:05","date_modified":"2026-08-02 12:37:24","permalink":{"id":1502731,"object_type":"structure","relational_id":53483,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376158,"structure_id":53494,"section_number":"64.2-2735","catch_line":"Creditor claim; general power created by powerholder","url":"\/64.2-2735\/","token":"64.2\/V\/27\/5\/64.2-2735","metadata":false},{"id":376159,"structure_id":53494,"section_number":"64.2-2736","catch_line":"Creditor claim; general power not created by powerholder","url":"\/64.2-2736\/","token":"64.2\/V\/27\/5\/64.2-2736","metadata":false},{"id":376160,"structure_id":53494,"section_number":"64.2-2737","catch_line":"Power to withdraw","url":"\/64.2-2737\/","token":"64.2\/V\/27\/5\/64.2-2737","metadata":false},{"id":376161,"structure_id":53494,"section_number":"64.2-2738","catch_line":"Creditor claim; nongeneral power","url":"\/64.2-2738\/","token":"64.2\/V\/27\/5\/64.2-2738","metadata":false}],"previous_section":{"id":376158,"structure_id":53494,"section_number":"64.2-2735","catch_line":"Creditor claim; general power created by powerholder","url":"\/64.2-2735\/","token":"64.2\/V\/27\/5\/64.2-2735","metadata":false},"next_section":{"id":376160,"structure_id":53494,"section_number":"64.2-2737","catch_line":"Power to withdraw","url":"\/64.2-2737\/","token":"64.2\/V\/27\/5\/64.2-2737","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2736\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 266<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":376161,"section_number":"64.2-2738","catch_line":"Creditor claim; nongeneral power","order_by":null,"url":"\/64.2-2738\/"}],"permalink":{"id":1503091,"object_type":"law","relational_id":376159,"identifier":"64.2-2736","token":"64.2\/V\/27\/5\/64.2-2736","url":"\/64.2-2736\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2736\/","token":"64.2\/V\/27\/5\/64.2-2736","dublin_core":{"Title":"Creditor claim; general power not created by powerholder","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2736","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection C, appointive property<\/span> subject to a presently exercisable general power of appointment<\/span> created by a person<\/span> other than the powerholder<\/span> is subject to a claim of a creditor<\/span> of the powerholder<\/span> to the extent that the powerholder<\/span>’s property is insufficient. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Appointive property<\/span> subject to a general power of appointment<\/span> exercisable at the powerholder<\/span>’s death is not subject to a claim of a creditor<\/span> of the powerholder<\/span> or the powerholder<\/span>’s estate except to the extent that the power is exercised in favor of the powerholder<\/span>’s estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to subsection C of § 64.2-2738<\/a>, a power of appointment<\/span> created by a person<\/span> other than the powerholder<\/span>, which is subject to an ascertainable standard relating to an individual’s health, education, support, or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), as amended, is treated for purposes of this article as a nongeneral power. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREDITOR CLAIM; GENERAL POWER NOT CREATED BY POWERHOLDER (\u00a7 64.2-2736)\n\nA. Except as otherwise provided in subsection C, appointive property subject to\na presently exercisable general power of appointment created by a person other\nthan the powerholder is subject to a claim of a creditor of the powerholder to\nthe extent that the powerholder’s property is insufficient.\n\nB. Appointive property subject to a general power of appointment exercisable at\nthe powerholder’s death is not subject to a claim of a creditor of the\npowerholder or the powerholder’s estate except to the extent that the\npower is exercised in favor of the powerholder’s estate.\n\nC. Subject to subsection C of § 64.2-2738, a power of appointment created\nby a person other than the powerholder, which is subject to an ascertainable\nstandard relating to an individual’s health, education, support, or\nmaintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C.\n§ 2514(c)(1), as amended, is treated for purposes of this article as a\nnongeneral power.\n\nHISTORY: 2016, c. 266.","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"}}