{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2735.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2735.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2735.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2735.html"}],"law_id":68515,"edition_id":1,"section_id":68515,"structure_id":15767,"section_number":"64.2-2735","catch_line":"Creditor claim; general power created by powerholder","history":"2016, c. 266.","full_text":"A\n\nAs used in this section, “power of appointment created by the powerholder” includes a power of appointment created in a transfer by another person to the extent that the powerholder contributed value to the transfer.B\n\nAppointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder’s estate to the extent provided in Chapter 4 (§ 55.1-400 et seq.) of Title 55.1.C\n\nSubject to subsection B, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder’s estate to the extent that the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder’s estate.D\n\nSubject to subsections B and C, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:1\n\nThe powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and2\n\nThe powerholder’s estate, to the extent that the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder’s death.","order_by":null,"text":{"0":{"id":248024,"text":"As used in this section, “power of appointment created by the powerholder” includes a power of appointment created in a transfer by another person to the extent that the powerholder contributed value to the transfer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248025,"text":"Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder’s estate to the extent provided in Chapter 4 (§ 55.1-400 et seq.) of Title 55.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248026,"text":"Subject to subsection B, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder’s estate to the extent that the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder’s estate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248027,"text":"Subject to subsections B and C, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":248028,"text":"The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":248029,"text":"The powerholder’s estate, to the extent that the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder’s death.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"ancestry":[{"id":15767,"edition_id":1,"name":"Right of Powerholder's Creditors in Appointive Property","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13731,"metadata":{},"date_created":"2026-06-26 03:59:17","date_modified":"2026-06-26 03:59:17","permalink":{"id":276083,"object_type":"structure","relational_id":15767,"identifier":"5","token":"64.2\/V\/27\/5","url":"\/64.2\/V\/27\/5\/","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":68515,"structure_id":15767,"section_number":"64.2-2735","catch_line":"Creditor claim; general power created by powerholder","url":"\/64.2-2735\/","token":"64.2\/V\/27\/5\/64.2-2735","metadata":false},{"id":78347,"structure_id":15767,"section_number":"64.2-2736","catch_line":"Creditor claim; general power not created by powerholder","url":"\/64.2-2736\/","token":"64.2\/V\/27\/5\/64.2-2736","metadata":false},{"id":66703,"structure_id":15767,"section_number":"64.2-2737","catch_line":"Power to withdraw","url":"\/64.2-2737\/","token":"64.2\/V\/27\/5\/64.2-2737","metadata":false},{"id":60688,"structure_id":15767,"section_number":"64.2-2738","catch_line":"Creditor claim; nongeneral power","url":"\/64.2-2738\/","token":"64.2\/V\/27\/5\/64.2-2738","metadata":false}],"next_section":{"id":78347,"structure_id":15767,"section_number":"64.2-2736","catch_line":"Creditor claim; general power not created by powerholder","url":"\/64.2-2736\/","token":"64.2\/V\/27\/5\/64.2-2736","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2735\/","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":59922,"section_number":"55.1-400","catch_line":"Void fraudulent acts; bona fide purchasers not affected","order_by":null,"url":"\/55.1-400\/"}],"permalink":{"id":276085,"object_type":"law","relational_id":68515,"identifier":"64.2-2735","token":"64.2\/V\/27\/5\/64.2-2735","url":"\/64.2-2735\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2735\/","token":"64.2\/V\/27\/5\/64.2-2735","dublin_core":{"Title":"Creditor claim; general power created by powerholder","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2735","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “power of appointment<\/span> created by the powerholder<\/span>” includes a power of appointment<\/span> created in a transfer by another person<\/span> to the extent that the powerholder contributed value<\/span> to the transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Appointive property<\/span> subject to a general power of appointment<\/span> created by the powerholder<\/span> is subject to a claim of a creditor<\/span> of the powerholder or of the powerholder’s estate to the extent provided in Chapter 4 (§ 55.1-400<\/a> et seq.) of Title 55.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to subsection B, appointive property<\/span> subject to a general power of appointment<\/span> created by the powerholder<\/span> is not subject to a claim of a creditor<\/span> of the powerholder or the powerholder’s estate to the extent that the powerholder irrevocably appointed the property in favor of a person<\/span> other than the powerholder or the powerholder’s estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subject to subsections B and C, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment<\/span>, appointive property<\/span> subject to a general power of appointment<\/span> created by the powerholder<\/span> is subject to a claim of a creditor<\/span> of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The powerholder, to the same extent as if the powerholder owned the appointive property<\/span>, if the power is presently exercisable; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The powerholder’s estate, to the extent that the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder’s death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREDITOR CLAIM; GENERAL POWER CREATED BY POWERHOLDER (\u00a7 64.2-2735)\n\nA. As used in this section, “power of appointment created by the\npowerholder” includes a power of appointment created in a transfer by\nanother person to the extent that the powerholder contributed value to the\ntransfer.\n\nB. Appointive property subject to a general power of appointment created by the\npowerholder is subject to a claim of a creditor of the powerholder or of the\npowerholder’s estate to the extent provided in Chapter 4 (§ 55.1-400\net seq.) of Title 55.1.\n\nC. Subject to subsection B, appointive property subject to a general power of\nappointment created by the powerholder is not subject to a claim of a creditor\nof the powerholder or the powerholder’s estate to the extent that the\npowerholder irrevocably appointed the property in favor of a person other than\nthe powerholder or the powerholder’s estate.\n\nD. Subject to subsections B and C, and notwithstanding the presence of a\nspendthrift provision or whether the claim arose before or after the creation of\nthe power of appointment, appointive property subject to a general power of\nappointment created by the powerholder is subject to a claim of a creditor of:\n\n 1. The powerholder, to the same extent as if the powerholder owned the\n appointive property, if the power is presently exercisable; and\n\n 2. The powerholder’s estate, to the extent that the estate is\n insufficient to satisfy the claim and subject to the right of a decedent to\n direct the source from which liabilities are paid, if the power is exercisable\n at the powerholder’s death.\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}}