Code of Virginia § 64.2-2721. Capture doctrine; disposition of ineffectively appointed property under general power.

129 words·~1 min read·/va/title-64-2/chapter-27/64-2-2721

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 .