                                 CODE OF VIRGINIA

WHEN CHILDREN OR DESCENDANTS OF BENEFICIARY TO TAKE ESTATE OR TRUST (§
64.2-418)

A. For the purposes of this section, the terms &#8220;revocable,&#8221;
&#8220;settlor,&#8221; &#8220;trust instrument,&#8221; and &#8220;trustee&#8221;
have the same meanings as provided in &#xA7; 64.2-701.

B. 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&#8217;s or settlor&#8217;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&#8217;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&#8217;s or settlor&#8217;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. This section applies to trusts and trust provisions only to the extent the
trust instrument or provision is revocable immediately before the
settlor&#8217;s death on or after July 1, 2018, and the beneficiary would have
taken by reason of the settlor&#8217;s death if the beneficiary survived the
settlor.

HISTORY: 1985, c. 592, § 64.1-64.1; 2012, c. 614; 2018, c. 44.