{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-400.html"}],"law_id":84900,"edition_id":1,"section_id":84900,"structure_id":14409,"section_number":"64.2-400","catch_line":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","history":"1995, c. 363, \u00a7 64.1-45.1; 2012, c. 614; 2024, c. 576.","full_text":"A\n\nFor the purposes of this section, “revocable,” “settlor,” “trustee,” and “trust instrument” mean the same as those terms are defined in § 64.2-701.B\n\nIf a will or a trust instrument that was revocable immediately before the settlor’s death refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator or settlor although it does not satisfy the requirements for a will or trust instrument. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.C\n\nThe written statement or list may be (i) referred to as one that is in existence at the time of the testator’s or settlor’s death, (ii) prepared before or after the execution of the will or trust instrument, (iii) altered by the testator or settlor at any time, and (iv) a writing that has no significance apart from its effect on the dispositions made by the will or trust instrument. When distribution is made pursuant to such a written statement or list referred to in a will, a copy thereof shall be furnished to the commissioner of accounts along with the legatee’s receipt.D\n\nA personal representative or trustee shall not be liable for any distribution of tangible personal property to the apparent recipient under the will or trust instrument made without actual knowledge of the existence of a written statement or list, nor shall he have any duty to recover property so distributed. However, a person named to receive certain tangible personal property in a written statement or list that is effective under this section may recover that property, or its value if the property cannot be recovered, from an apparent recipient to whom it has been distributed in an action brought for that purpose within one year after the probate of the testator’s will if such written statement or list was referred to in a testator’s will or within one year of the settlor’s death if such written statement or list was referred to in a trust instrument.E\n\nThis section shall not apply to a writing admitted to probate as a will and, except as provided herein, shall not otherwise affect the law of incorporation by reference.","order_by":null,"text":{"0":{"id":304199,"text":"For the purposes of this section, “revocable,” “settlor,” “trustee,” and “trust instrument” mean the same as those terms are defined in § 64.2-701.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304200,"text":"If a will or a trust instrument that was revocable immediately before the settlor’s death refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator or settlor although it does not satisfy the requirements for a will or trust instrument. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304201,"text":"The written statement or list may be (i) referred to as one that is in existence at the time of the testator’s or settlor’s death, (ii) prepared before or after the execution of the will or trust instrument, (iii) altered by the testator or settlor at any time, and (iv) a writing that has no significance apart from its effect on the dispositions made by the will or trust instrument. When distribution is made pursuant to such a written statement or list referred to in a will, a copy thereof shall be furnished to the commissioner of accounts along with the legatee’s receipt.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304202,"text":"A personal representative or trustee shall not be liable for any distribution of tangible personal property to the apparent recipient under the will or trust instrument made without actual knowledge of the existence of a written statement or list, nor shall he have any duty to recover property so distributed. However, a person named to receive certain tangible personal property in a written statement or list that is effective under this section may recover that property, or its value if the property cannot be recovered, from an apparent recipient to whom it has been distributed in an action brought for that purpose within one year after the probate of the testator’s will if such written statement or list was referred to in a testator’s will or within one year of the settlor’s death if such written statement or list was referred to in a trust instrument.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":304203,"text":"This section shall not apply to a writing admitted to probate as a will and, except as provided herein, shall not otherwise affect the law of incorporation by reference.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14409,"edition_id":1,"name":"Requisites and Execution","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:48:02","date_modified":"2026-06-26 03:48:02","permalink":{"id":273123,"object_type":"structure","relational_id":14409,"identifier":"1","token":"64.2\/II\/4\/1","url":"\/64.2\/II\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13480,"edition_id":1,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273121,"object_type":"structure","relational_id":13480,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","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":84900,"structure_id":14409,"section_number":"64.2-400","catch_line":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","url":"\/64.2-400\/","token":"64.2\/II\/4\/1\/64.2-400","metadata":false},{"id":86004,"structure_id":14409,"section_number":"64.2-401","catch_line":"Who may make a will; what estate may be disposed of","url":"\/64.2-401\/","token":"64.2\/II\/4\/1\/64.2-401","metadata":false},{"id":57541,"structure_id":14409,"section_number":"64.2-402","catch_line":"Advertisements to draw wills prohibited; penalty","url":"\/64.2-402\/","token":"64.2\/II\/4\/1\/64.2-402","metadata":false},{"id":67027,"structure_id":14409,"section_number":"64.2-403","catch_line":"Execution of wills; requirements","url":"\/64.2-403\/","token":"64.2\/II\/4\/1\/64.2-403","metadata":false},{"id":80803,"structure_id":14409,"section_number":"64.2-404","catch_line":"Writings intended as wills","url":"\/64.2-404\/","token":"64.2\/II\/4\/1\/64.2-404","metadata":false},{"id":66614,"structure_id":14409,"section_number":"64.2-404.1","catch_line":"Reformation of will to correct mistakes or achieve decedent's tax objectives","url":"\/64.2-404.1\/","token":"64.2\/II\/4\/1\/64.2-404.1","metadata":false},{"id":65138,"structure_id":14409,"section_number":"64.2-405","catch_line":"Interested persons as competent witnesses","url":"\/64.2-405\/","token":"64.2\/II\/4\/1\/64.2-405","metadata":false},{"id":78760,"structure_id":14409,"section_number":"64.2-406","catch_line":"Repealed","url":"\/64.2-406\/","token":"64.2\/II\/4\/1\/64.2-406","metadata":false},{"id":55752,"structure_id":14409,"section_number":"64.2-407","catch_line":"Will of personal estate of nonresidents","url":"\/64.2-407\/","token":"64.2\/II\/4\/1\/64.2-407","metadata":false},{"id":67704,"structure_id":14409,"section_number":"64.2-408","catch_line":"Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen","url":"\/64.2-408\/","token":"64.2\/II\/4\/1\/64.2-408","metadata":false},{"id":62443,"structure_id":14409,"section_number":"64.2-409","catch_line":"Wills of living persons lodged for safekeeping with clerks of certain courts","url":"\/64.2-409\/","token":"64.2\/II\/4\/1\/64.2-409","metadata":false}],"next_section":{"id":86004,"structure_id":14409,"section_number":"64.2-401","catch_line":"Who may make a will; what estate may be disposed of","url":"\/64.2-401\/","token":"64.2\/II\/4\/1\/64.2-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-400\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 363<\/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. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapter 614<\/a>; in 2024, chapter 576<\/a>.<\/p>","references":[{"id":83088,"section_number":"58.1-4013","catch_line":"Right to prize not assignable; exceptions","order_by":null,"url":"\/58.1-4013\/"},{"id":65001,"section_number":"6.2-610","catch_line":"Transfers arising from right of survivorship nontestamentary","order_by":null,"url":"\/6.2-610\/"},{"id":60761,"section_number":"64.2-104","catch_line":"Incorporation by reference into a will, power of attorney, or trust instrument","order_by":null,"url":"\/64.2-104\/"}],"refers_to":false,"permalink":{"id":273125,"object_type":"law","relational_id":84900,"identifier":"64.2-400","token":"64.2\/II\/4\/1\/64.2-400","url":"\/64.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-400\/","token":"64.2\/II\/4\/1\/64.2-400","dublin_core":{"Title":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “revocable,” “settlor,” “trustee<\/span>,” and “trust instrument<\/span>” mean the same as those terms are defined in § 64.2-701<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a will<\/span> or a trust instrument<\/span> that was revocable immediately before the settlor’s death refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator or settlor although it does not satisfy the requirements for a will<\/span> or trust instrument<\/span>. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The written statement or list may be (i) referred to as one that is in existence at the time of the testator’s or settlor’s death, (ii) prepared before or after the execution of the will<\/span> or trust instrument<\/span>, (iii) altered by the testator or settlor at any time, and (iv) a writing that has no significance apart from its effect on the dispositions<\/span> made by the will<\/span> or trust instrument<\/span>. When distribution is made pursuant to such a written statement or list referred to in a will<\/span>, a copy thereof shall be furnished to the commissioner of accounts along with the legatee’s receipt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A personal representative<\/span> or trustee<\/span> shall not be liable for any distribution of tangible personal property to the apparent recipient under the will<\/span> or trust instrument<\/span> made without actual knowledge of the existence of a written statement or list, nor shall he have any duty to recover property so distributed. However, a person named to receive certain tangible personal property in a written statement or list that is effective under this section may recover that property, or its value<\/span> if the property cannot be recovered, from an apparent recipient to whom it has been distributed in an action brought for that purpose within one year after the probate of the testator’s will<\/span> if such written statement or list was referred to in a testator’s will<\/span> or within one year of the settlor’s death if such written statement or list was referred to in a trust instrument<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not apply to a writing admitted to probate as a will<\/span> and, except as provided herein, shall not otherwise affect the law<\/span> of incorporation by reference. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEPARATE WRITING IDENTIFYING RECIPIENTS OF TANGIBLE PERSONAL PROPERTY; LIABILITY\nFOR DISTRIBUTION; ACTION TO RECOVER PROPERTY (\u00a7 64.2-400)\n\nA. For the purposes of this section, “revocable,”\n“settlor,” “trustee,” and “trust instrument”\nmean the same as those terms are defined in § 64.2-701.\n\nB. If a will or a trust instrument that was revocable immediately before the\nsettlor’s death refers to a written statement or list to dispose of items\nof tangible personal property not otherwise specifically bequeathed, the\nstatement or list shall be given effect to the extent that it describes items of\ntangible personal property and their intended recipients with reasonable\ncertainty and is signed by the testator or settlor although it does not satisfy\nthe requirements for a will or trust instrument. Bequests of a general or\nresiduary nature, whether referring only to personal property or to the entire\nestate, are not specific bequests for the purpose of this section.\n\nC. The written statement or list may be (i) referred to as one that is in\nexistence at the time of the testator’s or settlor’s death, (ii)\nprepared before or after the execution of the will or trust instrument, (iii)\naltered by the testator or settlor at any time, and (iv) a writing that has no\nsignificance apart from its effect on the dispositions made by the will or trust\ninstrument. When distribution is made pursuant to such a written statement or\nlist referred to in a will, a copy thereof shall be furnished to the\ncommissioner of accounts along with the legatee’s receipt.\n\nD. A personal representative or trustee shall not be liable for any distribution\nof tangible personal property to the apparent recipient under the will or trust\ninstrument made without actual knowledge of the existence of a written statement\nor list, nor shall he have any duty to recover property so distributed. However,\na person named to receive certain tangible personal property in a written\nstatement or list that is effective under this section may recover that\nproperty, or its value if the property cannot be recovered, from an apparent\nrecipient to whom it has been distributed in an action brought for that purpose\nwithin one year after the probate of the testator’s will if such written\nstatement or list was referred to in a testator’s will or within one year\nof the settlor’s death if such written statement or list was referred to\nin a trust instrument.\n\nE. This section shall not apply to a writing admitted to probate as a will and,\nexcept as provided herein, shall not otherwise affect the law of incorporation\nby reference.\n\nHISTORY: 1995, c. 363, \u00a7 64.1-45.1; 2012, c. 614; 2024, c. 576.","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}}