                                 CODE OF VIRGINIA

REFORMATION OF WILL TO CORRECT MISTAKES OR ACHIEVE DECEDENT&#8217;S TAX
OBJECTIVES (§ 64.2-404.1)

A. The court may reform the terms of a decedent&#8217;s will, or any codicil
thereto, even if unambiguous, to conform the terms to the decedent&#8217;s
intention if it is proved by clear and convincing evidence that both the
decedent&#8217;s intent and the terms of the will were affected by a mistake of
fact or law, whether in expression or inducement.

B. If shown by clear and convincing evidence, the court may modify the terms of
a decedent&#8217;s will to achieve the decedent&#8217;s tax objectives in a
manner that is not contrary to the decedent&#8217;s probable intention.

C. Notice must be given and a person may represent and bind another person in
proceedings under this section to the same extent that a person may represent
and bind another person in proceedings brought under &#xA7; 64.2-733 or 64.2-734
relating to trusts.

D. The remedies granted by this section are available only in proceedings
brought in a circuit court under the appropriate provisions of this title, filed
within one year from the decedent&#8217;s date of death and in which all
interested persons are made parties.

E. This section applies to all wills and codicils regardless of the date of
their execution and all judicial proceedings regardless of when commenced,
except that this section shall not apply to any judicial proceeding commenced
before July 1, 2018, if the court finds that its application would substantially
interfere with the effective conduct of the judicial proceeding or prejudice the
rights of the parties.

HISTORY: 2018, c. 44.