{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-414.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-414.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-414.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-414.html"}],"law_id":376222,"edition_id":2,"section_id":376222,"structure_id":53504,"section_number":"64.2-414","catch_line":"When wills deemed to speak","history":"Code 1950, \u00a7\u00a7 64-62, 64-71; 1968, c. 656, \u00a7\u00a7 64.1-62, 64.1-72; 2012, c. 614.","full_text":"A\n\nA will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.\n\nB\n\nEvery will reexecuted or republished, or revived by any codicil, shall be deemed to have been made at the time it was reexecuted, republished, or revived.\n\n","order_by":null,"text":{"0":{"id":1404699,"text":"A will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404700,"text":"Every will reexecuted or republished, or revived by any codicil, shall be deemed to have been made at the time it was reexecuted, republished, or revived.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53504,"edition_id":2,"name":"Construction and Effect","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":53501,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 03:17:23","date_modified":"2026-08-02 12:37:07","permalink":{"id":1500189,"object_type":"structure","relational_id":53504,"identifier":"3","token":"64.2\/II\/4\/3","url":"\/64.2\/II\/4\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53501,"edition_id":2,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":3,"parent_id":53471,"metadata":{"child_laws":61,"child_structures":6},"date_created":"2026-08-02 03:17:21","date_modified":"2026-08-02 12:37:07","permalink":{"id":1500123,"object_type":"structure","relational_id":53501,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53471,"edition_id":2,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":53424,"metadata":{"child_laws":210,"child_structures":29},"date_created":"2026-08-02 03:16:56","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499913,"object_type":"structure","relational_id":53471,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","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":376222,"structure_id":53504,"section_number":"64.2-414","catch_line":"When wills deemed to speak","url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414","metadata":false},{"id":376223,"structure_id":53504,"section_number":"64.2-415","catch_line":"How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases","url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","metadata":false},{"id":376224,"structure_id":53504,"section_number":"64.2-416","catch_line":"Devises, bequests, and distributions that fail; how to pass","url":"\/64.2-416\/","token":"64.2\/II\/4\/3\/64.2-416","metadata":false},{"id":376225,"structure_id":53504,"section_number":"64.2-417","catch_line":"When advancement deemed satisfaction of devise or bequest","url":"\/64.2-417\/","token":"64.2\/II\/4\/3\/64.2-417","metadata":false},{"id":376226,"structure_id":53504,"section_number":"64.2-418","catch_line":"When children or descendants of beneficiary to take estate or trust","url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418","metadata":false},{"id":376227,"structure_id":53504,"section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419","metadata":false},{"id":376228,"structure_id":53504,"section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420","metadata":false},{"id":376229,"structure_id":53504,"section_number":"64.2-421","catch_line":"Construction of certain conditions of spouse's survivorship","url":"\/64.2-421\/","token":"64.2\/II\/4\/3\/64.2-421","metadata":false},{"id":376230,"structure_id":53504,"section_number":"64.2-422","catch_line":"When omitted spouse to take intestate portion","url":"\/64.2-422\/","token":"64.2\/II\/4\/3\/64.2-422","metadata":false},{"id":376231,"structure_id":53504,"section_number":"64.2-423","catch_line":"Repealed","url":"\/64.2-423\/","token":"64.2\/II\/4\/3\/64.2-423","metadata":false},{"id":376232,"structure_id":53504,"section_number":"64.2-424","catch_line":"When direction to purchase annuity binding on legatee","url":"\/64.2-424\/","token":"64.2\/II\/4\/3\/64.2-424","metadata":false},{"id":376233,"structure_id":53504,"section_number":"64.2-425","catch_line":"Interest on pecuniary legacies","url":"\/64.2-425\/","token":"64.2\/II\/4\/3\/64.2-425","metadata":false},{"id":376234,"structure_id":53504,"section_number":"64.2-426","catch_line":"Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999","url":"\/64.2-426\/","token":"64.2\/II\/4\/3\/64.2-426","metadata":false},{"id":376235,"structure_id":53504,"section_number":"64.2-427","catch_line":"Testamentary additions to trusts by testator dying after June 30, 1999","url":"\/64.2-427\/","token":"64.2\/II\/4\/3\/64.2-427","metadata":false},{"id":376236,"structure_id":53504,"section_number":"64.2-428","catch_line":"Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount","url":"\/64.2-428\/","token":"64.2\/II\/4\/3\/64.2-428","metadata":false},{"id":376237,"structure_id":53504,"section_number":"64.2-429","catch_line":"Construction of trust provisions otherwise eligible for the election permitted under \u00a7 2056(b)(7) of the Internal Revenue Code","url":"\/64.2-429\/","token":"64.2\/II\/4\/3\/64.2-429","metadata":false},{"id":376238,"structure_id":53504,"section_number":"64.2-430","catch_line":"Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981","url":"\/64.2-430\/","token":"64.2\/II\/4\/3\/64.2-430","metadata":false},{"id":376239,"structure_id":53504,"section_number":"64.2-431","catch_line":"Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution","url":"\/64.2-431\/","token":"64.2\/II\/4\/3\/64.2-431","metadata":false},{"id":376240,"structure_id":53504,"section_number":"64.2-432","catch_line":"Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011","url":"\/64.2-432\/","token":"64.2\/II\/4\/3\/64.2-432","metadata":false}],"next_section":{"id":376223,"structure_id":53504,"section_number":"64.2-415","catch_line":"How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases","url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-414\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1968, chapter 656; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1500191,"object_type":"law","relational_id":376222,"identifier":"64.2-414","token":"64.2\/II\/4\/3\/64.2-414","url":"\/64.2-414\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414","dublin_core":{"Title":"When wills deemed to speak","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-414","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A will<\/span> shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every will<\/span> reexecuted or republished, or revived by any codicil, shall be deemed to have been made at the time it was reexecuted, republished, or revived. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN WILLS DEEMED TO SPEAK (\u00a7 64.2-414)\n\nA. A will shall be construed, with reference to the real and personal estate\ncomprised in it, to speak and take effect as if it had been executed immediately\nbefore the death of the testator, unless a contrary intention shall appear by\nthe will.\n\nB. Every will reexecuted or republished, or revived by any codicil, shall be\ndeemed to have been made at the time it was reexecuted, republished, or revived.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-62, 64-71; 1968, c. 656, \u00a7\u00a7 64.1-62, 64.1-72;\n2012, c. 614.","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"}}