{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-415.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-415.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-415.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-415.html"}],"law_id":376223,"edition_id":2,"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","history":"Code 1950, \u00a7 64-66; 1968, c. 656, \u00a7 64.1-66; 1985, c. 429, \u00a7 64.1-62.3; 1995, c. 381; 2012, cc. 476, 507, 614; 2018, c. 44.","full_text":"A\n\nAs used in this section:\n\t\t\t“Incapacitated” means impairment by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.\n\n\t\t\t“Revocable,” “settlor,” “trust instrument,” and “trustee” have the same meanings as provided in § 64.2-701.\n\nB\n\nUnless a contrary intention appears in the will or trust instrument:\n\n1\n\nA bequest or trust provision requiring distribution by reason of the settlor’s death of specific securities, whether or not expressed in number of shares, shall include as much of the securities as is part of the estate or is or becomes part of the trust by reason of the testator’s or settlor’s death, any additional or other securities of the same entity owned by the testator or trustee by reason of action initiated by the entity, excluding any securities acquired by the exercise of purchase options, and any securities of another entity acquired with respect to the specific securities mentioned in the bequest or trust provision as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity;\n\n2\n\nA bequest, devise, or trust provision requiring distribution by reason of the settlor’s death of specific property shall include the amount of any condemnation award for the taking of the property that remains unpaid at death and any proceeds unpaid at death on fire and casualty insurance on the property; and\n\n3\n\nA bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is under a disability, was sold by a conservator, guardian, or committee for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the conservator, guardian, or committee for the testator. For purposes of this subdivision, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision 2. This subdivision shall not apply if, after the sale or casualty, it is adjudicated that the disability of the testator had ceased and the testator survived the adjudication by one year.\n\nC\n\nUnless a contrary intention appears in a testator’s will or durable power of attorney, a bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is incapacitated, was sold by an agent acting within the authority of a durable power of attorney for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the agent. For purposes of this subsection, (i) the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2, (ii) no adjudication of the testator’s incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator. This subsection shall not apply (a) if the agent’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the testator or (b) to a power of attorney limited to one or more specific purposes.\n\nD\n\nUnless a contrary intention appears in the will, a devise that would describe a leasehold estate, if the testator had no freehold estate that could be described by the devise, shall be construed to include such a leasehold estate.\n\nE\n\nUnless a contrary intention appears in the trust instrument, a provision requiring distribution of specific property by reason of the death of the settlor shall, in addition to such property that is or becomes part of the trust by reason of the settlor’s death, be deemed to be a distribution of a pecuniary amount if, while the settlor was incapacitated, (i) such specific property was sold by the trustee or (ii) the proceeds of fire or casualty insurance as to such property were paid to the trustee. For purposes of this subsection, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2. For purposes of this subsection, no adjudication of the settlor’s incapacity before death is necessary. This subsection shall not apply if the trustee’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the settlor.\n\nF\n\nThis section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the distribution occurs by reason of the settlor’s death and is of property that is or becomes part of the trust by reason of the settlor’s death.\n\n","order_by":null,"text":{"0":{"id":1404701,"text":"As used in this section:\n\t\t\t“Incapacitated” means impairment by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.\t\t\t“Revocable,” “settlor,” “trust instrument,” and “trustee” have the same meanings as provided in § 64.2-701.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404702,"text":"Unless a contrary intention appears in the will or trust instrument:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":1404703,"text":"A bequest or trust provision requiring distribution by reason of the settlor’s death of specific securities, whether or not expressed in number of shares, shall include as much of the securities as is part of the estate or is or becomes part of the trust by reason of the testator’s or settlor’s death, any additional or other securities of the same entity owned by the testator or trustee by reason of action initiated by the entity, excluding any securities acquired by the exercise of purchase options, and any securities of another entity acquired with respect to the specific securities mentioned in the bequest or trust provision as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":1404704,"text":"A bequest, devise, or trust provision requiring distribution by reason of the settlor’s death of specific property shall include the amount of any condemnation award for the taking of the property that remains unpaid at death and any proceeds unpaid at death on fire and casualty insurance on the property; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":1404705,"text":"A bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is under a disability, was sold by a conservator, guardian, or committee for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the conservator, guardian, or committee for the testator. For purposes of this subdivision, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision 2. This subdivision shall not apply if, after the sale or casualty, it is adjudicated that the disability of the testator had ceased and the testator survived the adjudication by one year.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":1404706,"text":"Unless a contrary intention appears in a testator’s will or durable power of attorney, a bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is incapacitated, was sold by an agent acting within the authority of a durable power of attorney for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the agent. For purposes of this subsection, (i) the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2, (ii) no adjudication of the testator’s incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator. This subsection shall not apply (a) if the agent’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the testator or (b) to a power of attorney limited to one or more specific purposes.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":1404707,"text":"Unless a contrary intention appears in the will, a devise that would describe a leasehold estate, if the testator had no freehold estate that could be described by the devise, shall be construed to include such a leasehold estate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":1404708,"text":"Unless a contrary intention appears in the trust instrument, a provision requiring distribution of specific property by reason of the death of the settlor shall, in addition to such property that is or becomes part of the trust by reason of the settlor’s death, be deemed to be a distribution of a pecuniary amount if, while the settlor was incapacitated, (i) such specific property was sold by the trustee or (ii) the proceeds of fire or casualty insurance as to such property were paid to the trustee. For purposes of this subsection, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2. For purposes of this subsection, no adjudication of the settlor’s incapacity before death is necessary. This subsection shall not apply if the trustee’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the settlor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":1404709,"text":"This section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the distribution occurs by reason of the settlor’s death and is of property that is or becomes part of the trust by reason of the settlor’s death.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-415\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1985, chapter 429; in 1995, chapter 381<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, and 614<\/a>; in 2018, chapter 44<\/a>.<\/p>","references":false,"refers_to":[{"id":376369,"section_number":"64.2-701","catch_line":"Definitions","order_by":null,"url":"\/64.2-701\/"}],"permalink":{"id":1500195,"object_type":"law","relational_id":376223,"identifier":"64.2-415","token":"64.2\/II\/4\/3\/64.2-415","url":"\/64.2-415\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","dublin_core":{"Title":"How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-415","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Incapacitated<\/span>” means impairment by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.

\t\t\t“Revocable,” “settlor,” “trust instrument,” and “trustee<\/span>” have the same meanings as provided in § 64.2-701<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless a contrary intention appears in the will<\/span> or trust instrument: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A bequest or trust provision requiring distribution by reason of the settlor’s death of specific securities, whether or not expressed in number of shares, shall include as much of the securities as is part of the estate or is or becomes part of the trust by reason of the testator’s or settlor’s death, any additional or other securities of the same entity owned by the testator or trustee<\/span> by reason of action initiated by the entity, excluding any securities acquired by the exercise of purchase options, and any securities of another entity acquired with respect to the specific securities mentioned in the bequest or trust provision as a result of a merger, consolidation<\/span>, reorganization, or other similar action initiated by the entity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A bequest, devise, or trust provision requiring distribution by reason of the settlor’s death of specific property shall include the amount of any condemnation award for the taking of the property that remains unpaid at death and any proceeds unpaid at death on fire and casualty insurance on the property; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is under a disability, was sold by a conservator, guardian, or committee for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the conservator, guardian, or committee for the testator. For purposes of this subdivision, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision 2. This subdivision shall not apply if, after the sale or casualty, it is adjudicated that the disability of the testator had ceased and the testator survived the adjudication by one year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Unless a contrary intention appears in a testator’s will<\/span> or durable power of attorney<\/span>, a bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is incapacitated<\/span>, was sold by an agent acting within the authority of a durable power of attorney<\/span> for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the agent. For purposes of this subsection, (i) the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2, (ii) no adjudication of the testator’s incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney<\/span> are rebuttably presumed to be for an incapacitated<\/span> testator. This subsection shall not apply (a) if the agent’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the testator or (b) to a power of attorney<\/span> limited to one or more specific purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless a contrary intention appears in the will<\/span>, a devise that would describe a leasehold estate, if the testator had no freehold estate that could be described by the devise, shall be construed to include such a leasehold estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Unless a contrary intention appears in the trust instrument, a provision requiring distribution of specific property by reason of the death of the settlor shall, in addition to such property that is or becomes part of the trust by reason of the settlor’s death, be deemed to be a distribution of a pecuniary amount if, while the settlor was incapacitated<\/span>, (i) such specific property was sold by the trustee<\/span> or (ii) the proceeds of fire or casualty insurance as to such property were paid to the trustee<\/span>. For purposes of this subsection, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2. For purposes of this subsection, no adjudication of the settlor’s incapacity before death is necessary. This subsection shall not apply if the trustee<\/span>’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the settlor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the distribution occurs by reason of the settlor’s death and is of property that is or becomes part of the trust by reason of the settlor’s death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW CERTAIN TRUST PROVISIONS, BEQUESTS, AND DEVISES TO BE CONSTRUED;\nNONADEMPTION IN CERTAIN CASES (\u00a7 64.2-415)\n\nA. As used in this section:\n\t\t\t“Incapacitated” means impairment by reason of mental illness,\nintellectual disability, physical illness or disability, chronic use of drugs,\nchronic intoxication, or other cause to the extent of lacking sufficient\nunderstanding or capacity to make or communicate responsible\ndecisions.\t\t\t“Revocable,” “settlor,” “trust\ninstrument,” and “trustee” have the same meanings as provided\nin § 64.2-701.\n\nB. Unless a contrary intention appears in the will or trust instrument:\n\n 1. A bequest or trust provision requiring distribution by reason of the\n settlor’s death of specific securities, whether or not expressed in\n number of shares, shall include as much of the securities as is part of the\n estate or is or becomes part of the trust by reason of the testator’s or\n settlor’s death, any additional or other securities of the same entity\n owned by the testator or trustee by reason of action initiated by the entity,\n excluding any securities acquired by the exercise of purchase options, and any\n securities of another entity acquired with respect to the specific securities\n mentioned in the bequest or trust provision as a result of a merger,\n consolidation, reorganization, or other similar action initiated by the\n entity;\n\n 2. A bequest, devise, or trust provision requiring distribution by reason of\n the settlor’s death of specific property shall include the amount of any\n condemnation award for the taking of the property that remains unpaid at death\n and any proceeds unpaid at death on fire and casualty insurance on the\n property; and\n\n 3. A bequest or devise of specific property shall, in addition to such\n property that remains part of the estate of the testator, be deemed to be a\n bequest of a pecuniary amount if such specific property, during the life of\n the testator and while he is under a disability, was sold by a conservator,\n guardian, or committee for the testator, or if proceeds of fire or casualty\n insurance as to such property are paid to the conservator, guardian, or\n committee for the testator. For purposes of this subdivision, the pecuniary\n amount shall be the net sale price or insurance proceeds, reduced by the sums\n received under subdivision 2. This subdivision shall not apply if, after the\n sale or casualty, it is adjudicated that the disability of the testator had\n ceased and the testator survived the adjudication by one year.\n\nC. Unless a contrary intention appears in a testator’s will or durable\npower of attorney, a bequest or devise of specific property shall, in addition\nto such property that remains part of the estate of the testator, be deemed to\nbe a bequest of a pecuniary amount if such specific property, during the life of\nthe testator and while he is incapacitated, was sold by an agent acting within\nthe authority of a durable power of attorney for the testator, or if proceeds of\nfire or casualty insurance as to such property are paid to the agent. For\npurposes of this subsection, (i) the pecuniary amount shall be the net sale\nprice or insurance proceeds, reduced by the sums received under subdivision B 2,\n(ii) no adjudication of the testator’s incapacity before death is\nnecessary, and (iii) the acts of an agent within the authority of a durable\npower of attorney are rebuttably presumed to be for an incapacitated testator.\nThis subsection shall not apply (a) if the agent’s sale of the specific\nproperty or receipt of the insurance proceeds is thereafter ratified by the\ntestator or (b) to a power of attorney limited to one or more specific purposes.\n\nD. Unless a contrary intention appears in the will, a devise that would describe\na leasehold estate, if the testator had no freehold estate that could be\ndescribed by the devise, shall be construed to include such a leasehold estate.\n\nE. Unless a contrary intention appears in the trust instrument, a provision\nrequiring distribution of specific property by reason of the death of the\nsettlor shall, in addition to such property that is or becomes part of the trust\nby reason of the settlor’s death, be deemed to be a distribution of a\npecuniary amount if, while the settlor was incapacitated, (i) such specific\nproperty was sold by the trustee or (ii) the proceeds of fire or casualty\ninsurance as to such property were paid to the trustee. For purposes of this\nsubsection, the pecuniary amount shall be the net sale price or insurance\nproceeds, reduced by the sums received under subdivision B 2. For purposes of\nthis subsection, no adjudication of the settlor’s incapacity before death\nis necessary. This subsection shall not apply if the trustee’s sale of the\nspecific property or receipt of the insurance proceeds is thereafter ratified by\nthe settlor.\n\nF. This section applies to trusts and trust provisions only to the extent the\ntrust instrument or provision is revocable immediately before the\nsettlor’s death on or after July 1, 2018, and the distribution occurs by\nreason of the settlor’s death and is of property that is or becomes part\nof the trust by reason of the settlor’s death.\n\nHISTORY: Code 1950, \u00a7 64-66; 1968, c. 656, \u00a7 64.1-66; 1985, c. 429, \u00a7\n64.1-62.3; 1995, c. 381; 2012, cc. 476, 507, 614; 2018, c. 44.","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"}}