Virginia Code 64.2-2507: Powers of appointment
A. The slayer shall be deemed to have predeceased the decedent as to any exercise in the decedent‘s will of a power of appointment in favor of the slayer and the appointment shall be deemed to have lapsed.
Terms Used In Virginia Code 64.2-2507
- Decedent: means any person whose life has been taken as a result of murder or voluntary manslaughter. See Virginia Code 64.2-2500
- Decedent: A deceased person.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Property: includes any real and personal property and any right or interest therein. See Virginia Code 64.2-2500
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Slayer: means any person (i) who is convicted of the murder or voluntary manslaughter of the decedent or, (ii) in the absence of such conviction, who is determined, whether before or after his death, by a court of appropriate jurisdiction by a preponderance of the evidence to have committed one of the offenses listed in clause (i) resulting in the death of the decedent. See Virginia Code 64.2-2500
B. Property held either presently or in remainder by the slayer subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent. Property held by the slayer subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons shall pass to such person or persons or in equal shares to the members of such class of persons, exclusive of the slayer.
1981, c. 469, § 55-410; 2012, c. 614.