{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2730.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2730.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2730.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2730.html"}],"law_id":75980,"edition_id":1,"section_id":75980,"structure_id":13732,"section_number":"64.2-2730","catch_line":"Notice of release; recordation; fee","history":"2016, c. 266.","full_text":"A\n\nA fiduciary or other person, association, or corporation having possession or control of any appointive property, other than the powerholder, shall not be deemed to have notice of a release of the power of appointment until the original or a copy of the release is delivered to such fiduciary or other person, association, or corporation.B\n\nA purchaser or mortgagee of any real property subject to a power of appointment, without actual notice of the release, shall not be deemed to have notice of a release of power until (i) the original or a copy of the release is recorded in the circuit court clerk’s office in the county or city in which the real property is located, referencing the will or deed book where the instrument creating the power is recorded, and (ii) the deed, will, or other instrument creating the power of appointment, or a certified copy thereof, is recorded in the same clerk’s office.C\n\nNo release shall be invalid or ineffective for failing to comply with subsection A or B.D\n\nThe clerk shall record a release of a power of appointment in the deed book and index the release in the daily and general indexes with the name of the powerholder being entered on the grantor index. For each such recordation, the clerk shall be paid a fee in the amount applicable to the recordation of deeds as set forth in subdivision A 2 of § 17.1-275 and an additional fee of $5.","order_by":null,"text":{"0":{"id":272763,"text":"A fiduciary or other person, association, or corporation having possession or control of any appointive property, other than the powerholder, shall not be deemed to have notice of a release of the power of appointment until the original or a copy of the release is delivered to such fiduciary or other person, association, or corporation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272764,"text":"A purchaser or mortgagee of any real property subject to a power of appointment, without actual notice of the release, shall not be deemed to have notice of a release of power until (i) the original or a copy of the release is recorded in the circuit court clerk’s office in the county or city in which the real property is located, referencing the will or deed book where the instrument creating the power is recorded, and (ii) the deed, will, or other instrument creating the power of appointment, or a certified copy thereof, is recorded in the same clerk’s office.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272765,"text":"No release shall be invalid or ineffective for failing to comply with subsection A or B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272766,"text":"The clerk shall record a release of a power of appointment in the deed book and index the release in the daily and general indexes with the name of the powerholder being entered on the grantor index. For each such recordation, the clerk shall be paid a fee in the amount applicable to the recordation of deeds as set forth in subdivision A 2 of § 17.1-275 and an additional fee of $5.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13732,"edition_id":1,"name":"Disclaimer or Release; Contract to Appoint or Not to Appoint","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13731,"metadata":{},"date_created":"2026-06-26 03:45:43","date_modified":"2026-06-26 03:45:43","permalink":{"id":276049,"object_type":"structure","relational_id":13732,"identifier":"4","token":"64.2\/V\/27\/4","url":"\/64.2\/V\/27\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13731,"edition_id":1,"name":"Uniform Powers of Appointment Act","identifier":"27","label":"chapter","depth":3,"order_by":1,"parent_id":12920,"metadata":{},"date_created":"2026-06-26 03:45:43","date_modified":"2026-06-26 03:45:43","permalink":{"id":275945,"object_type":"structure","relational_id":13731,"identifier":"27","token":"64.2\/V\/27","url":"\/64.2\/V\/27\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12920,"edition_id":1,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":275729,"object_type":"structure","relational_id":12920,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71081,"structure_id":13732,"section_number":"64.2-2727","catch_line":"Disclaimer","url":"\/64.2-2727\/","token":"64.2\/V\/27\/4\/64.2-2727","metadata":false},{"id":54731,"structure_id":13732,"section_number":"64.2-2728","catch_line":"Authority to release","url":"\/64.2-2728\/","token":"64.2\/V\/27\/4\/64.2-2728","metadata":false},{"id":78620,"structure_id":13732,"section_number":"64.2-2729","catch_line":"Method of release","url":"\/64.2-2729\/","token":"64.2\/V\/27\/4\/64.2-2729","metadata":false},{"id":75980,"structure_id":13732,"section_number":"64.2-2730","catch_line":"Notice of release; recordation; fee","url":"\/64.2-2730\/","token":"64.2\/V\/27\/4\/64.2-2730","metadata":false},{"id":69940,"structure_id":13732,"section_number":"64.2-2731","catch_line":"Revocation or amendment of release","url":"\/64.2-2731\/","token":"64.2\/V\/27\/4\/64.2-2731","metadata":false},{"id":78682,"structure_id":13732,"section_number":"64.2-2732","catch_line":"Power to contract; presently exercisable power of appointment","url":"\/64.2-2732\/","token":"64.2\/V\/27\/4\/64.2-2732","metadata":false},{"id":58907,"structure_id":13732,"section_number":"64.2-2733","catch_line":"Power to contract; power of appointment not presently exercisable","url":"\/64.2-2733\/","token":"64.2\/V\/27\/4\/64.2-2733","metadata":false},{"id":64407,"structure_id":13732,"section_number":"64.2-2734","catch_line":"Remedy for breach of contract to appoint or not to appoint","url":"\/64.2-2734\/","token":"64.2\/V\/27\/4\/64.2-2734","metadata":false}],"previous_section":{"id":78620,"structure_id":13732,"section_number":"64.2-2729","catch_line":"Method of release","url":"\/64.2-2729\/","token":"64.2\/V\/27\/4\/64.2-2729","metadata":false},"next_section":{"id":69940,"structure_id":13732,"section_number":"64.2-2731","catch_line":"Revocation or amendment of release","url":"\/64.2-2731\/","token":"64.2\/V\/27\/4\/64.2-2731","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2730\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 266<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"}],"permalink":{"id":276063,"object_type":"law","relational_id":75980,"identifier":"64.2-2730","token":"64.2\/V\/27\/4\/64.2-2730","url":"\/64.2-2730\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2730\/","token":"64.2\/V\/27\/4\/64.2-2730","dublin_core":{"Title":"Notice of release; recordation; fee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2730","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A fiduciary<\/span> or other person<\/span>, association, or corporation having possession<\/span> or control of any appointive property<\/span>, other than the powerholder<\/span>, shall not be deemed to have notice of a release of the power of appointment<\/span> until the original or a copy of the release is delivered to such fiduciary<\/span> or other person<\/span>, association, or corporation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A purchaser<\/span> or mortgagee of any real property subject to a power of appointment<\/span>, without actual notice of the release, shall not be deemed to have notice of a release of power until (i) the original or a copy of the release is recorded in the circuit<\/span> court<\/span> clerk’s office in the county or city in which the real property is located, referencing the will<\/span> or deed book where the instrument<\/span> creating the power is recorded, and (ii) the deed, will<\/span>, or other instrument<\/span> creating the power of appointment<\/span>, or a certified copy thereof, is recorded in the same clerk’s office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No release shall be invalid or ineffective for failing to comply with subsection A or B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The clerk shall record<\/span> a release of a power of appointment<\/span> in the deed book and index the release in the daily and general indexes with the name of the powerholder<\/span> being entered on the grantor index. For each such recordation, the clerk shall be paid a fee in the amount applicable to the recordation of deeds as set forth in subdivision A 2 of § 17.1-275<\/a> and an additional fee of $5. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF RELEASE; RECORDATION; FEE (\u00a7 64.2-2730)\n\nA. A fiduciary or other person, association, or corporation having possession or\ncontrol of any appointive property, other than the powerholder, shall not be\ndeemed to have notice of a release of the power of appointment until the\noriginal or a copy of the release is delivered to such fiduciary or other\nperson, association, or corporation.\n\nB. A purchaser or mortgagee of any real property subject to a power of\nappointment, without actual notice of the release, shall not be deemed to have\nnotice of a release of power until (i) the original or a copy of the release is\nrecorded in the circuit court clerk’s office in the county or city in\nwhich the real property is located, referencing the will or deed book where the\ninstrument creating the power is recorded, and (ii) the deed, will, or other\ninstrument creating the power of appointment, or a certified copy thereof, is\nrecorded in the same clerk’s office.\n\nC. No release shall be invalid or ineffective for failing to comply with\nsubsection A or B.\n\nD. The clerk shall record a release of a power of appointment in the deed book\nand index the release in the daily and general indexes with the name of the\npowerholder being entered on the grantor index. For each such recordation, the\nclerk shall be paid a fee in the amount applicable to the recordation of deeds\nas set forth in subdivision A 2 of § 17.1-275 and an additional fee of $5.\n\nHISTORY: 2016, c. 266.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}