Virginia Code 64.2-630: Revocation by instrument authorized; revocation by act not permitted
A. Subject to subsection B, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
Terms Used In Virginia Code 64.2-630
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means a person that receives property under a transfer on death deed. See Virginia Code 64.2-621
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Property: means an interest in real property located in the Commonwealth that is transferable on the death of the owner. See Virginia Code 64.2-621
- Transfer on death deed: means a deed or conveyance of a cooperative interest authorized under this article. See Virginia Code 64.2-621
- Transferor: means an individual who makes a transfer on death deed. See Virginia Code 64.2-621
1. Is one of the following:
a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly;
b. A transfer on death deed that names a designated beneficiary that is inconsistent with the designated beneficiary in a prior transfer on death deed;
c. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed; or
d. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.
2. Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the land records of the clerk’s office of the circuit court where the deed is recorded.
B. If a transfer on death deed is made by more than one transferor:
1. Revocation by a transferor does not affect the transfer on death deed as to the interest of another transferor; and
2. A transfer on death deed of joint owners is revoked only if it is revoked by all of the living joint owners.
C. After a transfer on death deed is recorded, it can be revoked only by an effective revocatory instrument recorded prior to the death of the transferor and may not be revoked by a revocatory act taken against or on the original or a copy of the recorded transfer on death deed.
D. This section does not limit the effect of an inter vivos transfer of the property.
2013, c. 390.