{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-418.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-418.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-418.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-418.html"}],"law_id":74157,"edition_id":1,"section_id":74157,"structure_id":13982,"section_number":"64.2-418","catch_line":"When children or descendants of beneficiary to take estate or trust","history":"1985, c. 592, \u00a7 64.1-64.1; 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\nUnless a contrary intention appears in the will or trust instrument, if a beneficiary, including a beneficiary under a class gift, is (i) a grandparent or a descendant of a grandparent of the testator or settlor and (ii) dead at the time of execution of the will or trust instrument or dead at the time of the testator’s or settlor’s death, the descendants of the deceased beneficiary who survive the testator or settlor take in the place of the deceased beneficiary. The portion of the testator’s estate or the trust that the deceased beneficiary was to take shall be divided into as many equal shares as there are (a) surviving descendants in the closest degree of kinship to the deceased beneficiary and (b) deceased descendants, if any, in the same degree of kinship to the deceased beneficiary who left descendants surviving at the time of the testator’s or settlor’s death. One share shall pass to each such surviving descendant and one share shall pass per stirpes to such descendants of deceased descendants.C\n\nThis section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the beneficiary would have taken by reason of the settlor’s death if the beneficiary survived the settlor.","order_by":null,"text":{"0":{"id":266674,"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":266675,"text":"Unless a contrary intention appears in the will or trust instrument, if a beneficiary, including a beneficiary under a class gift, is (i) a grandparent or a descendant of a grandparent of the testator or settlor and (ii) dead at the time of execution of the will or trust instrument or dead at the time of the testator’s or settlor’s death, the descendants of the deceased beneficiary who survive the testator or settlor take in the place of the deceased beneficiary. The portion of the testator’s estate or the trust that the deceased beneficiary was to take shall be divided into as many equal shares as there are (a) surviving descendants in the closest degree of kinship to the deceased beneficiary and (b) deceased descendants, if any, in the same degree of kinship to the deceased beneficiary who left descendants surviving at the time of the testator’s or settlor’s death. One share shall pass to each such surviving descendant and one share shall pass per stirpes to such descendants of deceased descendants.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266676,"text":"This section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the beneficiary would have taken by reason of the settlor’s death if the beneficiary survived the settlor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13982,"edition_id":1,"name":"Construction and Effect","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:46:30","date_modified":"2026-06-26 03:46:30","permalink":{"id":273187,"object_type":"structure","relational_id":13982,"identifier":"3","token":"64.2\/II\/4\/3","url":"\/64.2\/II\/4\/3\/","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":85398,"structure_id":13982,"section_number":"64.2-414","catch_line":"When wills deemed to speak","url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414","metadata":false},{"id":58131,"structure_id":13982,"section_number":"64.2-415","catch_line":"How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases","url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","metadata":false},{"id":86984,"structure_id":13982,"section_number":"64.2-416","catch_line":"Devises, bequests, and distributions that fail; how to pass","url":"\/64.2-416\/","token":"64.2\/II\/4\/3\/64.2-416","metadata":false},{"id":55847,"structure_id":13982,"section_number":"64.2-417","catch_line":"When advancement deemed satisfaction of devise or bequest","url":"\/64.2-417\/","token":"64.2\/II\/4\/3\/64.2-417","metadata":false},{"id":74157,"structure_id":13982,"section_number":"64.2-418","catch_line":"When children or descendants of beneficiary to take estate or trust","url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418","metadata":false},{"id":70792,"structure_id":13982,"section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419","metadata":false},{"id":75501,"structure_id":13982,"section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420","metadata":false},{"id":83280,"structure_id":13982,"section_number":"64.2-421","catch_line":"Construction of certain conditions of spouse's survivorship","url":"\/64.2-421\/","token":"64.2\/II\/4\/3\/64.2-421","metadata":false},{"id":62646,"structure_id":13982,"section_number":"64.2-422","catch_line":"When omitted spouse to take intestate portion","url":"\/64.2-422\/","token":"64.2\/II\/4\/3\/64.2-422","metadata":false},{"id":67334,"structure_id":13982,"section_number":"64.2-423","catch_line":"Repealed","url":"\/64.2-423\/","token":"64.2\/II\/4\/3\/64.2-423","metadata":false},{"id":76920,"structure_id":13982,"section_number":"64.2-424","catch_line":"When direction to purchase annuity binding on legatee","url":"\/64.2-424\/","token":"64.2\/II\/4\/3\/64.2-424","metadata":false},{"id":73956,"structure_id":13982,"section_number":"64.2-425","catch_line":"Interest on pecuniary legacies","url":"\/64.2-425\/","token":"64.2\/II\/4\/3\/64.2-425","metadata":false},{"id":84164,"structure_id":13982,"section_number":"64.2-426","catch_line":"Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999","url":"\/64.2-426\/","token":"64.2\/II\/4\/3\/64.2-426","metadata":false},{"id":60372,"structure_id":13982,"section_number":"64.2-427","catch_line":"Testamentary additions to trusts by testator dying after June 30, 1999","url":"\/64.2-427\/","token":"64.2\/II\/4\/3\/64.2-427","metadata":false},{"id":59987,"structure_id":13982,"section_number":"64.2-428","catch_line":"Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount","url":"\/64.2-428\/","token":"64.2\/II\/4\/3\/64.2-428","metadata":false},{"id":67586,"structure_id":13982,"section_number":"64.2-429","catch_line":"Construction of trust provisions otherwise eligible for the election permitted under \u00a7 2056(b)(7) of the Internal Revenue Code","url":"\/64.2-429\/","token":"64.2\/II\/4\/3\/64.2-429","metadata":false},{"id":84317,"structure_id":13982,"section_number":"64.2-430","catch_line":"Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981","url":"\/64.2-430\/","token":"64.2\/II\/4\/3\/64.2-430","metadata":false},{"id":55054,"structure_id":13982,"section_number":"64.2-431","catch_line":"Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution","url":"\/64.2-431\/","token":"64.2\/II\/4\/3\/64.2-431","metadata":false},{"id":57514,"structure_id":13982,"section_number":"64.2-432","catch_line":"Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011","url":"\/64.2-432\/","token":"64.2\/II\/4\/3\/64.2-432","metadata":false}],"previous_section":{"id":55847,"structure_id":13982,"section_number":"64.2-417","catch_line":"When advancement deemed satisfaction of devise or bequest","url":"\/64.2-417\/","token":"64.2\/II\/4\/3\/64.2-417","metadata":false},"next_section":{"id":70792,"structure_id":13982,"section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-418\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 592 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 1985 \u201cActs\u201d aren\u2019t available online. 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 2018, chapter 44<\/a>.<\/p>","references":[{"id":74541,"section_number":"64.2-2502","catch_line":"Property passing by will or intestate succession; surviving spouse","order_by":null,"url":"\/64.2-2502\/"},{"id":81660,"section_number":"64.2-508","catch_line":"Written notice of probate, qualification, and entitlement to copies of inventories, accounts, and reports to be provided to certain parties","order_by":null,"url":"\/64.2-508\/"}],"refers_to":false,"permalink":{"id":273205,"object_type":"law","relational_id":74157,"identifier":"64.2-418","token":"64.2\/II\/4\/3\/64.2-418","url":"\/64.2-418\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418","dublin_core":{"Title":"When children or descendants of beneficiary to take estate or trust","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-418","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> Unless a contrary intention appears in the will<\/span> or trust instrument, if a beneficiary, including a beneficiary under a class gift, is (i) a grandparent or a descendant of a grandparent of the testator or settlor and (ii) dead at the time of execution of the will<\/span> or trust instrument or dead at the time of the testator’s or settlor’s death, the descendants of the deceased beneficiary who survive the testator or settlor take in the place of the deceased beneficiary. The portion of the testator’s estate or the trust that the deceased beneficiary was to take shall be divided into as many equal shares as there are (a) surviving descendants in the closest degree of kinship to the deceased beneficiary and (b) deceased descendants, if any, in the same degree of kinship to the deceased beneficiary who left descendants surviving at the time of the testator’s or settlor’s death. One share shall pass to each such surviving descendant and one share shall pass per stirpes to such descendants of deceased descendants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section applies to trusts and trust provisions only to the extent the trust instrument or provision is revocable immediately before the settlor’s death on or after July 1, 2018, and the beneficiary would have taken by reason of the settlor’s death if the beneficiary survived the settlor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN CHILDREN OR DESCENDANTS OF BENEFICIARY TO TAKE ESTATE OR TRUST (\u00a7\n64.2-418)\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. Unless a contrary intention appears in the will or trust instrument, if a\nbeneficiary, including a beneficiary under a class gift, is (i) a grandparent or\na descendant of a grandparent of the testator or settlor and (ii) dead at the\ntime of execution of the will or trust instrument or dead at the time of the\ntestator’s or settlor’s death, the descendants of the deceased\nbeneficiary who survive the testator or settlor take in the place of the\ndeceased beneficiary. The portion of the testator’s estate or the trust\nthat the deceased beneficiary was to take shall be divided into as many equal\nshares as there are (a) surviving descendants in the closest degree of kinship\nto the deceased beneficiary and (b) deceased descendants, if any, in the same\ndegree of kinship to the deceased beneficiary who left descendants surviving at\nthe time of the testator’s or settlor’s death. One share shall pass\nto each such surviving descendant and one share shall pass per stirpes to such\ndescendants of deceased descendants.\n\nC. This section applies to trusts and trust provisions only to the extent the\ntrust instrument or provision is revocable immediately before the\nsettlor’s death on or after July 1, 2018, and the beneficiary would have\ntaken by reason of the settlor’s death if the beneficiary survived the\nsettlor.\n\nHISTORY: 1985, c. 592, \u00a7 64.1-64.1; 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}}