Virginia Code 64.2-543: Contrary provisions of will or other instrument to govern.
A. For purposes of this section:
Terms Used In Virginia Code 64.2-543
- Inter vivos: Transfer of property from one living person to another living person.
- Intestate: Dying without leaving a will.
- 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
- Testate: To die leaving a will.
“Includable beneficial interest” means any property, interest, or benefit included in a person‘s estate for estate tax purposes that passes pursuant to an instrument other than such person’s will.
B. The provisions of this article shall not impair the right or power of any person by will or by written instrument executed inter vivos to make direction for the payment of estate taxes and to designate the fund or property out of which such payment shall be made. Such designated funds or property may, in addition to any property passing by testate or intestate succession, include any includable beneficial interest. Unless a larger amount is charged to a specific includable beneficial interest by the instrument creating the interest, the maximum amount of tax that each such includable beneficial interest may be charged shall be limited to its share, as determined pursuant to § 64.2-540 for the apportionment of taxes.
Code 1950, § 64-155; 1968, c. 656, § 64.1-165; 1994, c. 917; 2012, c. 614.