                                 CODE OF VIRGINIA

EXERCISE OF DISCRETIONARY POWERS BY SURVIVING EXECUTORS OR ADMINISTRATORS WITH
THE WILL ANNEXED (§ 64.2-517)

A. When discretionary powers are conferred upon the executors under any will and
some, but not all, of the executors die, resign, or become incapable of acting,
the executors or executor remaining shall continue to exercise the discretionary
powers conferred by the will, unless the will expressly provides that the
discretionary powers cannot be exercised by fewer than all of the original
executors named in the will.

B. When discretionary powers are conferred upon the executors under any will and
all of the executors or the sole executor if only one is named in the will dies,
resigns, or becomes incapable of acting, the administrator with the will annexed
appointed by the court shall exercise the discretionary powers conferred by the
will upon the original executors or executor, unless the will expressly provides
that the discretionary powers can only be exercised by the executors or executor
named in the will.

HISTORY: Code 1950, § 64-132; 1968, c. 656, § 64.1-142; 2012, c. 614.