CODE OF VIRGINIA

CAPTURE DOCTRINE; DISPOSITION OF INEFFECTIVELY APPOINTED PROPERTY UNDER GENERAL
POWER (§ 64.2-2721)

To the extent that a powerholder of a general power of appointment, other than a
power to withdraw property from, revoke, or amend a trust, makes an ineffective
appointment:

   1.  The gift-in-default clause controls the disposition of the ineffectively
   appointed property; or

   2.  If there is no gift-in-default clause or to the extent that the clause is
   ineffective, the ineffectively appointed property:
               
            

      a.  Passes to:
                     
                  

         (1.  The powerholder if the powerholder is a permissible appointee and
         living; or

         (2.  If the powerholder is an impermissible appointee or deceased, the
         powerholder’s estate if the estate is a permissible appointee; 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.

HISTORY: 2016, c. 266.