{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-432.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-432.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-432.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-432.html"}],"law_id":57514,"edition_id":1,"section_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","history":"2010, c. 238, \u00a7 64.1-62.4; 2011, c. 679; 2012, c. 614; 2013, c. 784.","full_text":"A\n\nA will, trust, or other instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” “inclusion ratio,” “applicable fraction,” or any section of the Internal Revenue Code relating to the federal estate tax or generation-skipping transfer tax, or that measures a share of an estate or trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation-skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law, shall be deemed to refer to the federal estate tax and generation-skipping transfer tax laws as they apply with respect to estates of decedents dying in 2010 regardless of whether the decedent’s personal representative or other fiduciary elects not to have the estate tax apply with respect to the estate. This provision shall not apply with respect to a will, trust, or other instrument that manifests an intent that a contrary rule shall apply.B\n\nThe personal representative, trustee, other fiduciary, or any affected beneficiary under the will, trust, or other instrument may bring a proceeding to determine whether the decedent intended that the will, trust, or other instrument be construed in a manner other than as provided in subsection A. A proceeding under this section shall be commenced prior to January 1, 2012. In such a proceeding, the court may consider extrinsic evidence that contradicts the plain meaning of the will, trust, or other instrument. The court shall have the power to modify a provision of a will, trust, or other instrument that refers to the federal estate tax or generation-skipping transfer tax laws as described in subsection A to (i) conform the terms to the decedent’s intention or (ii) achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention. The court may provide that its decision, including any decision to modify a provision of a will, trust, or other instrument, shall be effective as of the date of the decedent’s death. A person who commences a proceeding under this section has the burdens of proof, by clear and convincing evidence, and persuasion in establishing the decedent’s intention that the will, trust, or other instrument be construed in a manner other than as provided in subsection A.C\n\nFor purposes of this section, interested persons may enter into a binding agreement to determine whether the decedent intended that the will, trust, or other instrument shall be construed in a manner other than as provided in subsection A, and to conform the terms of the will, trust, or other instrument to the decedent’s intention without court approval as provided in subsection B. Any interested person may petition the court to approve the agreement or to determine whether all interested persons are parties to the agreement, either in person or by adequate representation where permitted by law, and whether the agreement contains terms the court could have properly approved. In the case of a trust, the agreement may be by nonjudicial settlement agreement pursuant to § 64.2-709. “Interested person” means any person whose consent is required in order to achieve a binding settlement were the settlement to be approved by the court.","order_by":null,"text":{"0":{"id":210732,"text":"A will, trust, or other instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” “inclusion ratio,” “applicable fraction,” or any section of the Internal Revenue Code relating to the federal estate tax or generation-skipping transfer tax, or that measures a share of an estate or trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation-skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law, shall be deemed to refer to the federal estate tax and generation-skipping transfer tax laws as they apply with respect to estates of decedents dying in 2010 regardless of whether the decedent’s personal representative or other fiduciary elects not to have the estate tax apply with respect to the estate. This provision shall not apply with respect to a will, trust, or other instrument that manifests an intent that a contrary rule shall apply.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210733,"text":"The personal representative, trustee, other fiduciary, or any affected beneficiary under the will, trust, or other instrument may bring a proceeding to determine whether the decedent intended that the will, trust, or other instrument be construed in a manner other than as provided in subsection A. A proceeding under this section shall be commenced prior to January 1, 2012. In such a proceeding, the court may consider extrinsic evidence that contradicts the plain meaning of the will, trust, or other instrument. The court shall have the power to modify a provision of a will, trust, or other instrument that refers to the federal estate tax or generation-skipping transfer tax laws as described in subsection A to (i) conform the terms to the decedent’s intention or (ii) achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention. The court may provide that its decision, including any decision to modify a provision of a will, trust, or other instrument, shall be effective as of the date of the decedent’s death. A person who commences a proceeding under this section has the burdens of proof, by clear and convincing evidence, and persuasion in establishing the decedent’s intention that the will, trust, or other instrument be construed in a manner other than as provided in subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210734,"text":"For purposes of this section, interested persons may enter into a binding agreement to determine whether the decedent intended that the will, trust, or other instrument shall be construed in a manner other than as provided in subsection A, and to conform the terms of the will, trust, or other instrument to the decedent’s intention without court approval as provided in subsection B. Any interested person may petition the court to approve the agreement or to determine whether all interested persons are parties to the agreement, either in person or by adequate representation where permitted by law, and whether the agreement contains terms the court could have properly approved. In the case of a trust, the agreement may be by nonjudicial settlement agreement pursuant to § 64.2-709. “Interested person” means any person whose consent is required in order to achieve a binding settlement were the settlement to be approved by the court.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-432\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 238<\/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 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 2011, chapter 679<\/a>; in 2012, chapter 614<\/a>; in 2013, chapter 784<\/a>.<\/p>","references":false,"refers_to":[{"id":55392,"section_number":"64.2-709","catch_line":"Nonjudicial settlement agreements","order_by":null,"url":"\/64.2-709\/"}],"permalink":{"id":273261,"object_type":"law","relational_id":57514,"identifier":"64.2-432","token":"64.2\/II\/4\/3\/64.2-432","url":"\/64.2-432\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-432\/","token":"64.2\/II\/4\/3\/64.2-432","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-432","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A will<\/span>, trust, or other instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” “inclusion ratio,” “applicable fraction,” or any section of the Internal Revenue Code relating to the federal estate tax or generation-skipping transfer tax, or that measures a share of an estate or trust based on the amount that can pass free of federal estate taxes or the amount that can pass free of federal generation-skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law<\/span>, shall be deemed to refer to the federal estate tax and generation-skipping transfer tax laws<\/span> as they apply with respect to estates of decedents dying in 2010 regardless of whether the decedent’s personal representative<\/span> or other fiduciary<\/span> elects not to have the estate tax apply with respect to the estate. This provision shall not apply with respect to a will<\/span>, trust, or other instrument that manifests an intent<\/span> that a contrary rule shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The personal representative<\/span>, trustee<\/span>, other fiduciary<\/span>, or any affected beneficiary under the will<\/span>, trust, or other instrument may bring a proceeding to determine whether the decedent intended that the will<\/span>, trust, or other instrument be construed in a manner other than as provided in subsection A. A proceeding under this section shall be commenced prior to January 1, 2012. In such a proceeding, the court<\/span> may consider extrinsic evidence<\/span> that contradicts the plain meaning of the will<\/span>, trust, or other instrument. The court<\/span> shall have the power to modify a provision of a will<\/span>, trust, or other instrument that refers to the federal estate tax or generation-skipping transfer tax laws<\/span> as described in subsection A to (i) conform the terms to the decedent’s intention or (ii) achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention. The court<\/span> may provide that its decision, including any decision to modify a provision of a will<\/span>, trust, or other instrument, shall be effective as of the date of the decedent’s death. A person who commences a proceeding under this section has the burdens of proof, by clear and convincing evidence<\/span>, and persuasion in establishing the decedent’s intention that the will<\/span>, trust, or other instrument be construed in a manner other than as provided in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section, interested persons<\/span> may enter into a binding agreement to determine whether the decedent intended that the will<\/span>, trust, or other instrument shall be construed in a manner other than as provided in subsection A, and to conform the terms of the will<\/span>, trust, or other instrument to the decedent’s intention without court<\/span> approval as provided in subsection B. Any interested person<\/span> may petition<\/span> the court<\/span> to approve the agreement or to determine whether all interested persons<\/span> are parties to the agreement, either in person or by adequate representation where permitted by law<\/span>, and whether the agreement contains terms the court<\/span> could have properly approved. In the case of a trust, the agreement may be by nonjudicial settlement<\/span> agreement pursuant to § 64.2-709<\/a>. “Interested person<\/span>” means any person whose consent is required in order<\/span> to achieve a binding settlement<\/span> were the settlement<\/span> to be approved by the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN FORMULA CLAUSES TO BE CONSTRUED TO REFER TO FEDERAL ESTATE AND\nGENERATION-SKIPPING TRANSFER TAX LAWS APPLICABLE TO ESTATES OF DECEDENTS DYING\nAFTER DECEMBER 31, 2009, AND BEFORE JANUARY 1, 2011 (\u00a7 64.2-432)\n\nA. A will, trust, or other instrument of a decedent who dies after December 31,\n2009, and before January 1, 2011, that contains a formula referring to the\n“unified credit,” “estate tax exemption,”\n“applicable exemption amount,” “applicable credit\namount,” “applicable exclusion amount,”\n“generation-skipping transfer tax exemption,” “GST\nexemption,” “marital deduction,” “maximum marital\ndeduction,” “unlimited marital deduction,” “inclusion\nratio,” “applicable fraction,” or any section of the Internal\nRevenue Code relating to the federal estate tax or generation-skipping transfer\ntax, or that measures a share of an estate or trust based on the amount that can\npass free of federal estate taxes or the amount that can pass free of federal\ngeneration-skipping transfer taxes, or that is otherwise based on a similar\nprovision of federal estate tax or generation-skipping transfer tax law, shall\nbe deemed to refer to the federal estate tax and generation-skipping transfer\ntax laws as they apply with respect to estates of decedents dying in 2010\nregardless of whether the decedent’s personal representative or other\nfiduciary elects not to have the estate tax apply with respect to the estate.\nThis provision shall not apply with respect to a will, trust, or other\ninstrument that manifests an intent that a contrary rule shall apply.\n\nB. The personal representative, trustee, other fiduciary, or any affected\nbeneficiary under the will, trust, or other instrument may bring a proceeding to\ndetermine whether the decedent intended that the will, trust, or other\ninstrument be construed in a manner other than as provided in subsection A. A\nproceeding under this section shall be commenced prior to January 1, 2012. In\nsuch a proceeding, the court may consider extrinsic evidence that contradicts\nthe plain meaning of the will, trust, or other instrument. The court shall have\nthe power to modify a provision of a will, trust, or other instrument that\nrefers to the federal estate tax or generation-skipping transfer tax laws as\ndescribed in subsection A to (i) conform the terms to the decedent’s\nintention or (ii) achieve the decedent’s tax objectives in a manner that\nis not contrary to the decedent’s probable intention. The court may\nprovide that its decision, including any decision to modify a provision of a\nwill, trust, or other instrument, shall be effective as of the date of the\ndecedent’s death. A person who commences a proceeding under this section\nhas the burdens of proof, by clear and convincing evidence, and persuasion in\nestablishing the decedent’s intention that the will, trust, or other\ninstrument be construed in a manner other than as provided in subsection A.\n\nC. For purposes of this section, interested persons may enter into a binding\nagreement to determine whether the decedent intended that the will, trust, or\nother instrument shall be construed in a manner other than as provided in\nsubsection A, and to conform the terms of the will, trust, or other instrument\nto the decedent’s intention without court approval as provided in\nsubsection B. Any interested person may petition the court to approve the\nagreement or to determine whether all interested persons are parties to the\nagreement, either in person or by adequate representation where permitted by\nlaw, and whether the agreement contains terms the court could have properly\napproved. In the case of a trust, the agreement may be by nonjudicial settlement\nagreement pursuant to § 64.2-709. “Interested person” means any\nperson whose consent is required in order to achieve a binding settlement were\nthe settlement to be approved by the court.\n\nHISTORY: 2010, c. 238, \u00a7 64.1-62.4; 2011, c. 679; 2012, c. 614; 2013, c. 784.","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}}