Virginia Decodedhttps://vacode.org37614664.2-2723Disposition of unappointed property under released or unexercised nongeneral power2026Wills, Trusts, and FiduciariesProvisions Applicable to Probate and Nonprobate TransfersUniform Powers of Appointment ActExercise of Power of Appointment

To the extent that a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

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, the unappointed property: a. Passes to the permissible appointees if:

1. The permissible appointees are defined and limited; and

2. The terms of the instrument creating the power do not manifest a contrary intent; or b. If there is no taker under subdivision 2 a, passes under a reversionary interest to the donor or the donor’s transferee or successor in interest.

2016, c. 266.