{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-427.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-427.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-427.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-427.html"}],"law_id":60372,"edition_id":1,"section_id":60372,"structure_id":13982,"section_number":"64.2-427","catch_line":"Testamentary additions to trusts by testator dying after June 30, 1999","history":"1999, c. 252, \u00a7 64.1-73.1; 2012, c. 614.","full_text":"A\n\nA will may validly devise or bequeath property, including by the exercise of a power of appointment, to the trustee of a trust established or to be established (i) during the testator’s lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts or (ii) at the testator’s death by the testator’s devise or bequest to the trustee, if the trust is identified in the testator’s will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will or in another individual’s will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator’s death.B\n\nUnless the testator’s will provides otherwise, property devised or bequeathed to a trust described in subsection A is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised or bequeathed, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death.C\n\nUnless the testator’s will provides otherwise, a revocation or termination of the trust before the testator’s death causes the devise or bequest to lapse.D\n\nUnless at least one trustee of the trust is an individual resident of the Commonwealth or an entity authorized to do a trust business in the Commonwealth, at the time the devise or bequest is to be distributed to the trust, the testator’s personal representative shall not make any distribution to the trust until each nonresident individual or entity files with the clerk of the circuit court of the jurisdiction wherein the testator’s will was admitted to probate, a consent in writing that service of process in any action against the trustee or any other notice with respect to administration of the trust in the trustee’s charge may be by service upon a resident of the Commonwealth at such address as the trustee may appoint in the written instrument filed with the clerk. No further requirement shall be imposed upon any nonresident individual or entity as a condition to receiving the devise or bequest.E\n\nThis section applies to a will of a testator who dies after June 30, 1999, and it shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.","order_by":null,"text":{"0":{"id":220802,"text":"A will may validly devise or bequeath property, including by the exercise of a power of appointment, to the trustee of a trust established or to be established (i) during the testator’s lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts or (ii) at the testator’s death by the testator’s devise or bequest to the trustee, if the trust is identified in the testator’s will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will or in another individual’s will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator’s death.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220803,"text":"Unless the testator’s will provides otherwise, property devised or bequeathed to a trust described in subsection A is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised or bequeathed, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220804,"text":"Unless the testator’s will provides otherwise, a revocation or termination of the trust before the testator’s death causes the devise or bequest to lapse.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":220805,"text":"Unless at least one trustee of the trust is an individual resident of the Commonwealth or an entity authorized to do a trust business in the Commonwealth, at the time the devise or bequest is to be distributed to the trust, the testator’s personal representative shall not make any distribution to the trust until each nonresident individual or entity files with the clerk of the circuit court of the jurisdiction wherein the testator’s will was admitted to probate, a consent in writing that service of process in any action against the trustee or any other notice with respect to administration of the trust in the trustee’s charge may be by service upon a resident of the Commonwealth at such address as the trustee may appoint in the written instrument filed with the clerk. No further requirement shall be imposed upon any nonresident individual or entity as a condition to receiving the devise or bequest.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":220806,"text":"This section applies to a will of a testator who dies after June 30, 1999, and it shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-427\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 252<\/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 1 time. 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. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":76312,"section_number":"64.2-1419","catch_line":"Execution of fiduciary bond or appointment of agent designates clerk as attorney for service of process","order_by":null,"url":"\/64.2-1419\/"}],"refers_to":false,"permalink":{"id":273241,"object_type":"law","relational_id":60372,"identifier":"64.2-427","token":"64.2\/II\/4\/3\/64.2-427","url":"\/64.2-427\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-427\/","token":"64.2\/II\/4\/3\/64.2-427","dublin_core":{"Title":"Testamentary additions to trusts by testator dying after June 30, 1999","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-427","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A will<\/span> may validly devise or bequeath property, including by the exercise of a power of appointment, to the trustee<\/span> of a trust established or to be established (i) during the testator’s lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts<\/span> or (ii) at the testator’s death by the testator’s devise or bequest to the trustee<\/span>, if the trust is identified in the testator’s will<\/span> and its terms are set forth in a written instrument, other than a will<\/span>, executed before, concurrently with, or after the execution of the testator’s will<\/span> or in another individual’s will<\/span> if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will<\/span> or the testator’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless the testator’s will<\/span> provides otherwise, property devised or bequeathed to a trust described in subsection A is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised or bequeathed, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Unless the testator’s will<\/span> provides otherwise, a revocation<\/span> or termination of the trust before the testator’s death causes the devise or bequest to lapse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless at least one trustee<\/span> of the trust is an individual resident of the Commonwealth or an entity authorized to do a trust business in the Commonwealth, at the time the devise or bequest is to be distributed to the trust, the testator’s personal representative<\/span> shall not make any distribution to the trust until each nonresident individual or entity files with the clerk of the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the testator’s will<\/span> was admitted to probate, a consent in writing that service of process<\/span> in any action against the trustee<\/span> or any other notice with respect to administration of the trust in the trustee<\/span>’s charge may be by service upon a resident of the Commonwealth at such address as the trustee<\/span> may appoint in the written instrument filed with the clerk. No further requirement shall be imposed upon any nonresident individual or entity as a condition to receiving the devise or bequest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section applies to a will<\/span> of a testator who dies after June 30, 1999, and it shall be applied and construed to effectuate its general purpose to make uniform the law<\/span> with respect to the subject of this section among states enacting it. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTAMENTARY ADDITIONS TO TRUSTS BY TESTATOR DYING AFTER JUNE 30, 1999 (\u00a7\n64.2-427)\n\nA. A will may validly devise or bequeath property, including by the exercise of\na power of appointment, to the trustee of a trust established or to be\nestablished (i) during the testator’s lifetime by the testator, by the\ntestator and some other person, or by some other person including a funded or\nunfunded life insurance trust, although the settlor has reserved any or all\nrights of ownership of the insurance contracts or (ii) at the testator’s\ndeath by the testator’s devise or bequest to the trustee, if the trust is\nidentified in the testator’s will and its terms are set forth in a written\ninstrument, other than a will, executed before, concurrently with, or after the\nexecution of the testator’s will or in another individual’s will if\nthat other individual has predeceased the testator, regardless of the existence,\nsize, or character of the corpus of the trust. The devise or bequest is not\ninvalid because the trust is amendable or revocable, or because the trust was\namended after the execution of the will or the testator’s death.\n\nB. Unless the testator’s will provides otherwise, property devised or\nbequeathed to a trust described in subsection A is not held under a testamentary\ntrust of the testator but it becomes a part of the trust to which it is devised\nor bequeathed, and shall be administered and disposed of in accordance with the\nprovisions of the governing instrument setting forth the terms of the trust,\nincluding any amendments thereto made before or after the testator’s\ndeath.\n\nC. Unless the testator’s will provides otherwise, a revocation or\ntermination of the trust before the testator’s death causes the devise or\nbequest to lapse.\n\nD. Unless at least one trustee of the trust is an individual resident of the\nCommonwealth or an entity authorized to do a trust business in the Commonwealth,\nat the time the devise or bequest is to be distributed to the trust, the\ntestator’s personal representative shall not make any distribution to the\ntrust until each nonresident individual or entity files with the clerk of the\ncircuit court of the jurisdiction wherein the testator’s will was admitted\nto probate, a consent in writing that service of process in any action against\nthe trustee or any other notice with respect to administration of the trust in\nthe trustee’s charge may be by service upon a resident of the Commonwealth\nat such address as the trustee may appoint in the written instrument filed with\nthe clerk. No further requirement shall be imposed upon any nonresident\nindividual or entity as a condition to receiving the devise or bequest.\n\nE. This section applies to a will of a testator who dies after June 30, 1999,\nand it shall be applied and construed to effectuate its general purpose to make\nuniform the law with respect to the subject of this section among states\nenacting it.\n\nHISTORY: 1999, c. 252, \u00a7 64.1-73.1; 2012, c. 614.","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}}