                                 CODE OF VIRGINIA

CERTAIN MARITAL DEDUCTION FORMULA CLAUSES TO BE CONSTRUED TO REFER TO FEDERAL
MARITAL DEDUCTION ALLOWABLE IF DECEDENT HAD DIED ON DECEMBER 31, 1981 (§
64.2-430)

A. If property passes from the decedent or is acquired from the decedent by
reason of the decedent&#8217;s death under a will executed before September 12,
1981, or a trust created before September 12, 1981, and such will or trust
contains a formula providing that the spouse of the decedent is to receive the
maximum amount of property qualifying for the marital deduction allowable under
federal law, then such formula provision shall be construed as referring to the
maximum amount of property eligible for the marital deduction as was allowable
under the Internal Revenue Code as if the decedent had died on December 31,
1981, unless the court shall find that the decedent intended to refer to the
maximum marital deduction of the Internal Revenue Code in effect at the time of
his death, provided that such will or trust is not amended on or after September
12, 1981, and before the death of the decedent to refer specifically to an
unlimited marital deduction or an amount qualifying for such deduction, or to
otherwise manifest an intent to have the estate qualify for the unlimited
marital deduction.

B. If property passes from the decedent or is acquired from the decedent by
reason of the decedent&#8217;s death under a will executed before September 12,
1981, or a trust created before September 12, 1981, and such will or trust
contains a formula providing that the spouse of the decedent is to receive the
maximum amount of property qualifying for the marital deduction allowable under
federal law, but no more than will reduce such federal estate tax to zero or any
other pecuniary or fractional share of property determined with reference to the
marital deduction, then such provision reducing such bequest to such amount
necessary to reduce the federal tax to zero or any other pecuniary or fractional
share of property determined with reference to the marital deduction, shall be
construed as referring to a computation done as of December 31, 1981, that would
have reduced the federal estate tax to zero if the decedent had died on December
31, 1981, unless the court shall find that the decedent intended the computation
to be made as of the date of death, provided that such will or trust is not
amended on or after September 12, 1981, and before the death of the decedent to
refer to the federal estate tax on a date later than September 12, 1981.

C. The proceeding to determine whether the decedent intended that the
computation under subsection A or B be made as of the date of death, rather than
the earlier 1981 date, shall be filed within 12 months following the death of
the testator or grantor. It may be filed by the personal representative or any
affected beneficiary under the will or other instrument.

HISTORY: 1982, c. 622, § 64.1-62.1; 1983, c. 512; 1987, c. 504; 2012, c. 614.