{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-412.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-412.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-412.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-412.html"}],"law_id":61860,"edition_id":1,"section_id":61860,"structure_id":15178,"section_number":"64.2-412","catch_line":"Revocation by divorce or annulment; revival upon remarriage; no revocation by other change","history":"1968, c. 656, \u00a7 64.1-59; 1985, c. 429; 2012, c. 614; 2018, c. 44.","full_text":"A\n\nFor the purposes of this section, the terms “revocable,” “settlor,” “trust instrument,” and “trustee” have the same meanings as provided in § 64.2-701.B\n\nIf, after making a will, the testator is divorced from the bond of matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Unless the will expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee, conservator, or guardian is also revoked.C\n\nProperty prevented from passing to a former spouse because of revocation pursuant to subsection B shall pass as if the former spouse failed to survive the testator. Provisions of a will conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.D\n\nUnless the trust instrument expressly provides otherwise, if a settlor creates a revocable trust and if, after such creation:1\n\nThe settlor is divorced from the bond of matrimony or the settlor’s marriage is annulled and the trust was revocable immediately before the divorce or annulment, then a provision of such revocable trust transferring property to or conferring any beneficial interest on the settlor’s former spouse is revoked upon the divorce or the annulment of the settlor’s marriage, and such property or beneficial interest shall be administered as if the former spouse failed to survive the divorce or annulment; or2\n\nAn action is filed (i) for the divorce or annulment of the settlor’s marriage to the settlor’s spouse or for their legal separation or (ii) by either the settlor or the settlor’s spouse for separate maintenance from the other, and the trust was revocable at the time of the filing, then a provision of such revocable trust conferring a power, including a power of appointment, on the spouse or nominating or appointing the spouse as a fiduciary, including trustee, trust director, conservator, or guardian, is revoked upon the filing, and such provision shall be interpreted as if the former spouse failed to survive the filing.E\n\nIf the provisions of the will or revocable trust instrument are revoked solely pursuant to this section, and there is no subsequent will, trust revocation, other than under this section, or inconsistent codicil or amendment, the provisions shall be revived upon the testator’s or settlor’s remarriage to the former spouse. Nothing in this section shall prevent a testator or settlor from transferring property to, conferring any beneficial interest on, conferring a power on, or nominating or appointing as a fiduciary a spouse or former spouse subsequent to a revocation under this section.F\n\nExcept as provided in this section, no change of circumstances shall be deemed to revoke a will or trust instrument.G\n\nThis section applies to trusts and trust provisions only to the extent the event causing the revocation under subsection D occurs on or after July 1, 2018.","order_by":null,"text":{"0":{"id":225895,"text":"For the purposes of this section, the terms “revocable,” “settlor,” “trust instrument,” and “trustee” have the same meanings as provided in § 64.2-701.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225896,"text":"If, after making a will, the testator is divorced from the bond of matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Unless the will expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee, conservator, or guardian is also revoked.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225897,"text":"Property prevented from passing to a former spouse because of revocation pursuant to subsection B shall pass as if the former spouse failed to survive the testator. Provisions of a will conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225898,"text":"Unless the trust instrument expressly provides otherwise, if a settlor creates a revocable trust and if, after such creation:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":225899,"text":"The settlor is divorced from the bond of matrimony or the settlor’s marriage is annulled and the trust was revocable immediately before the divorce or annulment, then a provision of such revocable trust transferring property to or conferring any beneficial interest on the settlor’s former spouse is revoked upon the divorce or the annulment of the settlor’s marriage, and such property or beneficial interest shall be administered as if the former spouse failed to survive the divorce or annulment; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":225900,"text":"An action is filed (i) for the divorce or annulment of the settlor’s marriage to the settlor’s spouse or for their legal separation or (ii) by either the settlor or the settlor’s spouse for separate maintenance from the other, and the trust was revocable at the time of the filing, then a provision of such revocable trust conferring a power, including a power of appointment, on the spouse or nominating or appointing the spouse as a fiduciary, including trustee, trust director, conservator, or guardian, is revoked upon the filing, and such provision shall be interpreted as if the former spouse failed to survive the filing.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":225901,"text":"If the provisions of the will or revocable trust instrument are revoked solely pursuant to this section, and there is no subsequent will, trust revocation, other than under this section, or inconsistent codicil or amendment, the provisions shall be revived upon the testator’s or settlor’s remarriage to the former spouse. Nothing in this section shall prevent a testator or settlor from transferring property to, conferring any beneficial interest on, conferring a power on, or nominating or appointing as a fiduciary a spouse or former spouse subsequent to a revocation under this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"7":{"id":225902,"text":"Except as provided in this section, no change of circumstances shall be deemed to revoke a will or trust instrument.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":225903,"text":"This section applies to trusts and trust provisions only to the extent the event causing the revocation under subsection D occurs on or after July 1, 2018.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15178,"edition_id":1,"name":"Revocation and Effect","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:52:44","date_modified":"2026-06-26 03:52:44","permalink":{"id":273169,"object_type":"structure","relational_id":15178,"identifier":"2","token":"64.2\/II\/4\/2","url":"\/64.2\/II\/4\/2\/","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":57799,"structure_id":15178,"section_number":"64.2-410","catch_line":"Revocation of wills generally","url":"\/64.2-410\/","token":"64.2\/II\/4\/2\/64.2-410","metadata":false},{"id":78770,"structure_id":15178,"section_number":"64.2-411","catch_line":"Revival of wills after revocation","url":"\/64.2-411\/","token":"64.2\/II\/4\/2\/64.2-411","metadata":false},{"id":61860,"structure_id":15178,"section_number":"64.2-412","catch_line":"Revocation by divorce or annulment; revival upon remarriage; no revocation by other change","url":"\/64.2-412\/","token":"64.2\/II\/4\/2\/64.2-412","metadata":false},{"id":76859,"structure_id":15178,"section_number":"64.2-413","catch_line":"Effect of subsequent conveyance on will","url":"\/64.2-413\/","token":"64.2\/II\/4\/2\/64.2-413","metadata":false}],"previous_section":{"id":78770,"structure_id":15178,"section_number":"64.2-411","catch_line":"Revival of wills after revocation","url":"\/64.2-411\/","token":"64.2\/II\/4\/2\/64.2-411","metadata":false},"next_section":{"id":76859,"structure_id":15178,"section_number":"64.2-413","catch_line":"Effect of subsequent conveyance on will","url":"\/64.2-413\/","token":"64.2\/II\/4\/2\/64.2-413","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-412\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 656 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. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1985, chapter 429; in 2012, chapter 614<\/a>; in 2018, chapter 44<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":273179,"object_type":"law","relational_id":61860,"identifier":"64.2-412","token":"64.2\/II\/4\/2\/64.2-412","url":"\/64.2-412\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-412\/","token":"64.2\/II\/4\/2\/64.2-412","dublin_core":{"Title":"Revocation by divorce or annulment; revival upon remarriage; no revocation by other change","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-412","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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

B.<\/span> If, after making a will<\/span>, the testator is divorced from the bond<\/span> of matrimony or his marriage is annulled, the divorce or annulment<\/span> revokes any disposition<\/span> or appointment of property made by the will<\/span> to the former spouse. Unless the will<\/span> expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee<\/span>, conservator, or guardian is also revoked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Property prevented from passing to a former spouse because of revocation<\/span> pursuant to subsection B shall pass as if the former spouse failed to survive the testator. Provisions of a will<\/span> conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless the trust instrument expressly provides otherwise, if a settlor creates a revocable trust and if, after such creation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The settlor is divorced from the bond<\/span> of matrimony or the settlor’s marriage is annulled and the trust was revocable immediately before the divorce or annulment<\/span>, then a provision of such revocable trust transferring property to or conferring any beneficial interest on the settlor’s former spouse is revoked upon the divorce or the annulment<\/span> of the settlor’s marriage, and such property or beneficial interest shall be administered as if the former spouse failed to survive the divorce or annulment<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An action is filed (i) for the divorce or annulment<\/span> of the settlor’s marriage to the settlor’s spouse or for their legal separation or (ii) by either the settlor or the settlor’s spouse for separate maintenance from the other, and the trust was revocable at the time of the filing, then a provision of such revocable trust conferring a power, including a power of appointment, on the spouse or nominating or appointing the spouse as a fiduciary<\/span>, including trustee<\/span>, trust director, conservator, or guardian, is revoked upon the filing, and such provision shall be interpreted as if the former spouse failed to survive the filing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the provisions of the will<\/span> or revocable trust instrument are revoked solely pursuant to this section, and there is no subsequent will<\/span>, trust revocation<\/span>, other than under this section, or inconsistent codicil or amendment, the provisions shall be revived upon the testator’s or settlor’s remarriage to the former spouse. Nothing in this section shall prevent a testator or settlor from transferring property to, conferring any beneficial interest on, conferring a power on, or nominating or appointing as a fiduciary<\/span> a spouse or former spouse subsequent to a revocation<\/span> under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Except as provided in this section, no change of circumstances shall be deemed to revoke a will<\/span> or trust instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section applies to trusts and trust provisions only to the extent the event causing the revocation<\/span> under subsection D occurs on or after July 1, 2018. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION BY DIVORCE OR ANNULMENT; REVIVAL UPON REMARRIAGE; NO REVOCATION BY\nOTHER CHANGE (\u00a7 64.2-412)\n\nA. For the purposes of this section, the terms “revocable,”\n“settlor,” “trust instrument,” and “trustee”\nhave the same meanings as provided in § 64.2-701.\n\nB. If, after making a will, the testator is divorced from the bond of matrimony\nor his marriage is annulled, the divorce or annulment revokes any disposition or\nappointment of property made by the will to the former spouse. Unless the will\nexpressly provides otherwise, any provision conferring a general or special\npower of appointment on the former spouse or nominating the former spouse as\nexecutor, trustee, conservator, or guardian is also revoked.\n\nC. Property prevented from passing to a former spouse because of revocation\npursuant to subsection B shall pass as if the former spouse failed to survive\nthe testator. Provisions of a will conferring a power or office on the former\nspouse shall be interpreted as if the former spouse failed to survive the\ntestator.\n\nD. Unless the trust instrument expressly provides otherwise, if a settlor\ncreates a revocable trust and if, after such creation:\n\n 1. The settlor is divorced from the bond of matrimony or the settlor’s\n marriage is annulled and the trust was revocable immediately before the\n divorce or annulment, then a provision of such revocable trust transferring\n property to or conferring any beneficial interest on the settlor’s\n former spouse is revoked upon the divorce or the annulment of the\n settlor’s marriage, and such property or beneficial interest shall be\n administered as if the former spouse failed to survive the divorce or\n annulment; or\n\n 2. An action is filed (i) for the divorce or annulment of the settlor’s\n marriage to the settlor’s spouse or for their legal separation or (ii)\n by either the settlor or the settlor’s spouse for separate maintenance\n from the other, and the trust was revocable at the time of the filing, then a\n provision of such revocable trust conferring a power, including a power of\n appointment, on the spouse or nominating or appointing the spouse as a\n fiduciary, including trustee, trust director, conservator, or guardian, is\n revoked upon the filing, and such provision shall be interpreted as if the\n former spouse failed to survive the filing.\n\nE. If the provisions of the will or revocable trust instrument are revoked\nsolely pursuant to this section, and there is no subsequent will, trust\nrevocation, other than under this section, or inconsistent codicil or amendment,\nthe provisions shall be revived upon the testator’s or settlor’s\nremarriage to the former spouse. Nothing in this section shall prevent a\ntestator or settlor from transferring property to, conferring any beneficial\ninterest on, conferring a power on, or nominating or appointing as a fiduciary a\nspouse or former spouse subsequent to a revocation under this section.\n\nF. Except as provided in this section, no change of circumstances shall be\ndeemed to revoke a will or trust instrument.\n\nG. This section applies to trusts and trust provisions only to the extent the\nevent causing the revocation under subsection D occurs on or after July 1, 2018.\n\nHISTORY: 1968, c. 656, \u00a7 64.1-59; 1985, c. 429; 2012, c. 614; 2018, c. 44.","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}}