Virginia Decodedhttps://vacode.org37614464.2-2721Capture doctrine; disposition of ineffectively appointed property under general power2026Wills, Trusts, and FiduciariesProvisions Applicable to Probate and Nonprobate TransfersUniform Powers of Appointment ActExercise of Power of Appointment

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.

2016, c. 266.