                                 CODE OF VIRGINIA

CONSTRUCTION OF CERTAIN CONDITIONS OF SPOUSE&#8217;S SURVIVORSHIP (§ 64.2-421)

A. If property passes from the decedent or is acquired from the decedent by
reason of the decedent&#8217;s death under a will or trust that provides that
the spouse of the decedent shall survive until the distribution of the gift, the
will or trust shall be construed as requiring that the spouse survive until the
earlier of the date on which the distribution occurs or the date six months
after the date of the death of the testator or decedent, unless the court shall
find that the decedent intended a contrary result.

B. The proceeding to determine whether the decedent intended that the spouse
actually survive until the distribution of the gift shall be filed within 12
months following the death of the decedent. It may be filed by the personal
representative or any affected beneficiary under the will or other instrument.

HISTORY: 1997, c. 263, § 64.1-66.2; 2012, c. 614.