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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86374</law_id><section_number>64.2-308.1</section_number><catch_line>Applicability; definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>64.2-311</reference><reference>64.2-317</reference><reference>64.2-556</reference><reference>64.2-632</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="64.2">Wills, Trusts, and Fiduciaries</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Wills and Decedents' Estates</unit><unit label="chapter" level="3" order_by="1" identifier="3">Rights of Married Persons</unit><unit label="article" level="4" order_by="1" identifier="1.1">Elective Share of Surviving Spouse of Decedent Dying on or After January 1, 2017</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The provisions of this article shall apply to determining the elective share of a surviving spouse for decedents dying on or after January 1, 2017. <a id="paragraph-309322" class="section-permalink" href="https://vacode.org/64.2-308.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> As used in this article, unless the context requires a different meaning:
			&#x201C;Decedent&#x2019;s non-probate transfers to others&#x201D; means the amounts that are included in the augmented estate under &#xA7; <a class="law" title="Decedent's non-probate transfers to others" href="/64.2-308.6/">64.2-308.6</a>.
			&#x201C;Fractional interest in <span class="dictionary">property</span> held in joint tenancy with the right of survivorship,&#x201D; whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
			&#x201C;Marriage,&#x201D; as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent&#x2019;s surviving spouse.
			&#x201C;<span class="dictionary">Non-adverse party</span>&#x201D; means a person who does not have a substantial beneficial interest in the trust or other <span class="dictionary">property</span> arrangement that would be adversely affected by the exercise or non-exercise of the power that he possesses respecting the trust or other <span class="dictionary">property</span> arrangement. A person having a general <span class="dictionary">power of appointment</span> over <span class="dictionary">property</span> is deemed to have a beneficial interest in the <span class="dictionary">property</span>.
			&#x201C;Power&#x201D; or &#x201C;<span class="dictionary">power of appointment</span>&#x201D; includes a power to designate the beneficiary of a beneficiary designation.
			&#x201C;<span class="dictionary">Presently exercisable general <span class="dictionary">power of appointment</span></span>&#x201D; means a <span class="dictionary">power of appointment</span> under which, at the time in question, the decedent, whether or not he then had the capacity to exercise the power, held a power to create a present or future interest in himself, his <span class="dictionary">creditors</span>, his estate, or <span class="dictionary">creditors</span> of his estate, and includes a power to revoke or invade the principal of a trust or other <span class="dictionary">property</span> arrangement.
			&#x201C;<span class="dictionary">Property</span>&#x201D; includes <span class="dictionary">values</span> subject to a beneficiary designation.
			&#x201C;<span class="dictionary">Right to income</span>&#x201D; includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
			&#x201C;Transfer,&#x201D; as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a <span class="dictionary">presently exercisable general <span class="dictionary">power of appointment</span></span> held by the decedent, (ii) a lapse at death of a <span class="dictionary">presently exercisable general <span class="dictionary">power of appointment</span></span> held by the decedent, and (iii) an exercise, release, or lapse of a general <span class="dictionary">power of appointment</span> that the decedent created in himself and of a power described in subdivision 2 b of &#xA7; <a class="law" title="Decedent's non-probate transfers to others" href="/64.2-308.6/">64.2-308.6</a> that the decedent conferred on a <span class="dictionary">non-adverse party</span>. <a id="paragraph-309323" class="section-permalink" href="https://vacode.org/64.2-308.1/#B"><i class="fa fa-link"/></a></p></section></text><history>2016, cc. 187, 269.</history><metadata></metadata></law>
