Virginia Decodedhttps://vacode.org37613764.2-2714Intent to exercise; determining intent from residuary clause2026Wills, Trusts, and FiduciariesProvisions Applicable to Probate and Nonprobate TransfersUniform Powers of Appointment ActExercise of Power of Appointment

A. As used in this section: “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

“Will” includes a codicil and a testamentary instrument that revises another will.

B. A residuary clause in a powerholder’s will, or a comparable clause in the powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of appointment only if:

1. The terms of the instrument containing the residuary clause do not manifest a contrary intent;

2. The power is a general power exercisable in favor of the powerholder’s estate;

3. There is no gift-in-default clause or the clause is ineffective; and

4. The powerholder did not release the power.

2016, c. 266.