{"law_id":"766164","section_number":"64.2-415","catch_line":"How certain bequests and devises to be construed; nonademption in certain cases","history":"Code 1950, \u00a7 64-66; 1968, c. 656, \u00a7 64.1-66; 1985, c. 429, \u00a7 64.1-62.3; 1995, c. 381; 2012, cc. 476, 507, 614.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/64.2-415\/","refers_to":false,"url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","structure":{"1":{"id":"1277","name":"Construction And Effect.","identifier":"3","label":"article","url":"\/64.2\/II\/4\/3\/"},"2":{"id":"214","name":"Wills","identifier":"4","label":"chapter","url":"\/64.2\/II\/4\/"},"3":{"id":"213","name":"Wills And Decedents' Estates","identifier":"II","label":"subtitle","url":"\/64.2\/II\/"},"4":{"id":"212","name":"Wills, Trusts, And Fiduciaries","identifier":"64.2","label":"title","url":"\/64.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"766164","structure_id":"1277","full_text":"A As used in this section:”Incapacitated” means impairment by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.\r\rB Unless a contrary intention appears in the will:\r\rC Unless a contrary intention appears in a testator’s will or durable power of attorney, a bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is incapacitated, was sold by an agent acting within the authority of a durable power of attorney for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the agent. For purposes of this subsection, (i) the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2, (ii) no adjudication of the testator’s incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator. This subsection shall not apply (a) if the agent’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the testator or (b) to a power of attorney limited to one or more specific purposes.\r\rD Unless a contrary intention appears in the will, a devise that would describe a leasehold estate, if the testator had no freehold estate that could be described by the devise, shall be construed to include such a leasehold estate.\r\r","text":{"0":{"id":"2469018","text":"As used in this section:”Incapacitated” means impairment by reason of mental illness, intellectual disability, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2469019","text":"Unless a contrary intention appears in the will:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2469020","text":" A bequest of specific securities, whether or not expressed in number of shares, shall include as much of the bequeathed securities as is part of the estate at the time of the testator’s death, any additional or other securities of the same entity owned by the testator by reason of action initiated by the entity, excluding any securities acquired by the exercise of purchase options, and any securities of another entity acquired with respect to the specific securities mentioned in the bequest as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2},"3":{"id":"2469021","text":" A bequest or devise of specific property shall include the amount of any condemnation award for the taking of the property which remains unpaid at death and any proceeds unpaid at death on fire and casualty insurance on the property; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2},"4":{"id":"2469022","text":" A bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is under a disability, was sold by a conservator, guardian, or committee for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the conservator, guardian, or committee for the testator. For purposes of this subdivision, the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision 2. This subdivision shall not apply if, after the sale or casualty, it is adjudicated that the disability of the testator had ceased and the testator survived the adjudication by one year.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2},"5":{"id":"2469023","text":"Unless a contrary intention appears in a testator’s will or durable power of attorney, a bequest or devise of specific property shall, in addition to such property that remains part of the estate of the testator, be deemed to be a bequest of a pecuniary amount if such specific property, during the life of the testator and while he is incapacitated, was sold by an agent acting within the authority of a durable power of attorney for the testator, or if proceeds of fire or casualty insurance as to such property are paid to the agent. For purposes of this subsection, (i) the pecuniary amount shall be the net sale price or insurance proceeds, reduced by the sums received under subdivision B 2, (ii) no adjudication of the testator’s incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are rebuttably presumed to be for an incapacitated testator. This subsection shall not apply (a) if the agent’s sale of the specific property or receipt of the insurance proceeds is thereafter ratified by the testator or (b) to a power of attorney limited to one or more specific purposes.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"6":{"id":"2469024","text":"Unless a contrary intention appears in the will, a devise that would describe a leasehold estate, if the testator had no freehold estate that could be described by the devise, shall be construed to include such a leasehold estate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1}},"ancestry":{"1":{"id":"1277","name":"Construction And Effect.","identifier":"3","label":"article","url":"\/64.2\/II\/4\/3\/"},"2":{"id":"214","name":"Wills","identifier":"4","label":"chapter","url":"\/64.2\/II\/4\/"},"3":{"id":"213","name":"Wills And Decedents' Estates","identifier":"II","label":"subtitle","url":"\/64.2\/II\/"},"4":{"id":"212","name":"Wills, Trusts, And Fiduciaries","identifier":"64.2","label":"title","url":"\/64.2\/"}},"structure_contents":{"0":{"id":"789854","structure_id":"1277","section_number":"64.2-414","catch_line":"When wills deemed to speak","url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414"},"1":{"id":"766164","structure_id":"1277","section_number":"64.2-415","catch_line":"How certain bequests and devises to be construed; nonademption in certain cases","url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415"},"2":{"id":"777020","structure_id":"1277","section_number":"64.2-416","catch_line":"Devises and bequests that fail; how to pass","url":"\/64.2-416\/","token":"64.2\/II\/4\/3\/64.2-416"},"3":{"id":"794226","structure_id":"1277","section_number":"64.2-417","catch_line":"When advancement deemed satisfaction of devise or bequest","url":"\/64.2-417\/","token":"64.2\/II\/4\/3\/64.2-417"},"4":{"id":"777991","structure_id":"1277","section_number":"64.2-418","catch_line":"When children or descendants of devisee or legatee to take estate","url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418"},"5":{"id":"775182","structure_id":"1277","section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419"},"6":{"id":"789589","structure_id":"1277","section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420"},"7":{"id":"795195","structure_id":"1277","section_number":"64.2-421","catch_line":"Construction of certain conditions of spouse's survivorship","url":"\/64.2-421\/","token":"64.2\/II\/4\/3\/64.2-421"},"8":{"id":"792502","structure_id":"1277","section_number":"64.2-422","catch_line":"When omitted spouse to take intestate portion","url":"\/64.2-422\/","token":"64.2\/II\/4\/3\/64.2-422"},"9":{"id":"778494","structure_id":"1277","section_number":"64.2-423","catch_line":"Repealed","url":"\/64.2-423\/","token":"64.2\/II\/4\/3\/64.2-423"},"10":{"id":"773731","structure_id":"1277","section_number":"64.2-424","catch_line":"When direction to purchase annuity binding on legatee","url":"\/64.2-424\/","token":"64.2\/II\/4\/3\/64.2-424"},"11":{"id":"774560","structure_id":"1277","section_number":"64.2-425","catch_line":"Interest on pecuniary legacies","url":"\/64.2-425\/","token":"64.2\/II\/4\/3\/64.2-425"},"12":{"id":"779167","structure_id":"1277","section_number":"64.2-426","catch_line":"Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999","url":"\/64.2-426\/","token":"64.2\/II\/4\/3\/64.2-426"},"13":{"id":"779587","structure_id":"1277","section_number":"64.2-427","catch_line":"Testamentary additions to trusts by testator dying after June 30, 1999","url":"\/64.2-427\/","token":"64.2\/II\/4\/3\/64.2-427"},"14":{"id":"786381","structure_id":"1277","section_number":"64.2-428","catch_line":"Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount","url":"\/64.2-428\/","token":"64.2\/II\/4\/3\/64.2-428"},"15":{"id":"784342","structure_id":"1277","section_number":"64.2-429","catch_line":"Construction of trust provisions otherwise eligible for the election permitted under \u00a7 2056(b)(7) of the Internal Revenue Code","url":"\/64.2-429\/","token":"64.2\/II\/4\/3\/64.2-429"},"16":{"id":"792631","structure_id":"1277","section_number":"64.2-430","catch_line":"Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981","url":"\/64.2-430\/","token":"64.2\/II\/4\/3\/64.2-430"},"17":{"id":"773914","structure_id":"1277","section_number":"64.2-431","catch_line":"Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution","url":"\/64.2-431\/","token":"64.2\/II\/4\/3\/64.2-431"},"18":{"id":"766239","structure_id":"1277","section_number":"64.2-432","catch_line":"Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011","url":"\/64.2-432\/","token":"64.2\/II\/4\/3\/64.2-432"}},"previous_section":{"id":"789854","structure_id":"1277","section_number":"64.2-414","catch_line":"When wills deemed to speak","url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414"},"next_section":{"id":"777020","structure_id":"1277","section_number":"64.2-416","catch_line":"Devises and bequests that fail; how to pass","url":"\/64.2-416\/","token":"64.2\/II\/4\/3\/64.2-416"},"references":false,"formats":{"txt":"\/64.2-415.txt","json":"\/64.2-415.json","xml":"\/64.2-415.xml"},"dublin_core":{"Title":"How certain bequests and devises to be construed; nonademption in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-415","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nHOW CERTAIN BEQUESTS AND DEVISES TO BE CONSTRUED; NONADEMPTION IN CERTAIN CASES\n(\u00a7 64.2-415)\n\nA. As used in this section:”Incapacitated” means impairment by\nreason of mental illness, intellectual disability, physical illness or\ndisability, chronic use of drugs, chronic intoxication, or other cause to the\nextent of lacking sufficient understanding or capacity to make or communicate\nresponsible decisions.\n\nB. Unless a contrary intention appears in the will:\n\n   1.  A bequest of specific securities, whether or not expressed in number of\n   shares, shall include as much of the bequeathed securities as is part of the\n   estate at the time of the testator’s death, any additional or other\n   securities of the same entity owned by the testator by reason of action\n   initiated by the entity, excluding any securities acquired by the exercise of\n   purchase options, and any securities of another entity acquired with respect\n   to the specific securities mentioned in the bequest as a result of a merger,\n   consolidation, reorganization, or other similar action initiated by the\n   entity;\n\n   2.  A bequest or devise of specific property shall include the amount of any\n   condemnation award for the taking of the property which remains unpaid at\n   death and any proceeds unpaid at death on fire and casualty insurance on the\n   property; and\n\n   3.  A bequest or devise of specific property shall, in addition to such\n   property that remains part of the estate of the testator, be deemed to be a\n   bequest of a pecuniary amount if such specific property, during the life of\n   the testator and while he is under a disability, was sold by a conservator,\n   guardian, or committee for the testator, or if proceeds of fire or casualty\n   insurance as to such property are paid to the conservator, guardian, or\n   committee for the testator. For purposes of this subdivision, the pecuniary\n   amount shall be the net sale price or insurance proceeds, reduced by the sums\n   received under subdivision 2. This subdivision shall not apply if, after the\n   sale or casualty, it is adjudicated that the disability of the testator had\n   ceased and the testator survived the adjudication by one year.\n\nC. Unless a contrary intention appears in a testator’s will or durable\npower of attorney, a bequest or devise of specific property shall, in addition\nto such property that remains part of the estate of the testator, be deemed to\nbe a bequest of a pecuniary amount if such specific property, during the life of\nthe testator and while he is incapacitated, was sold by an agent acting within\nthe authority of a durable power of attorney for the testator, or if proceeds of\nfire or casualty insurance as to such property are paid to the agent. For\npurposes of this subsection, (i) the pecuniary amount shall be the net sale\nprice or insurance proceeds, reduced by the sums received under subdivision B 2,\n(ii) no adjudication of the testator’s incapacity before death is\nnecessary, and (iii) the acts of an agent within the authority of a durable\npower of attorney are rebuttably presumed to be for an incapacitated testator.\nThis subsection shall not apply (a) if the agent’s sale of the specific\nproperty or receipt of the insurance proceeds is thereafter ratified by the\ntestator or (b) to a power of attorney limited to one or more specific purposes.\n\nD. Unless a contrary intention appears in the will, a devise that would describe\na leasehold estate, if the testator had no freehold estate that could be\ndescribed by the devise, shall be construed to include such a leasehold estate.\n\nHISTORY: Code 1950, \u00a7 64-66; 1968, c. 656, \u00a7 64.1-66; 1985, c. 429, \u00a7\n64.1-62.3; 1995, c. 381; 2012, cc. 476, 507, 614."}