Virginia § 64.2-2721 Capture doctrine; disposition of ineffectively appointed property under general power

Virginia Statutes

§ 64.2-2721 — Capture doctrine; disposition of ineffectively appointed property under general power

Virginia § 64.2-2721

JurisdictionVirginia

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle VPROVISIONS APPLICABLE TO PROBATE AND NONPROBATE TRANSFERS

Ch. 27UNIFORM POWERS OF APPOINTMENT ACT

Art. 3EXERCISE OF POWER OF APPOINTMENT

This text of Virginia § 64.2-2721 (Capture doctrine; disposition of ineffectively appointed property under general power) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-2721 (2026).

Text

To the extent that a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: 1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or 2. If there is no gift-in-default clause or to the extent that the clause is ineffective, the ineffectively appointed property: a. Passes to:

(1)The powerholder if the powerholder is a permissible appointee and living; or

(2)If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or b. If there is no taker under subdivision 2 a, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

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To the extent that a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

1. The gift-in-default clause controls the disposition of the ineffectively appointed property; or

2. If there is no gift-in-default clause or to the extent that the clause is ineffective, the ineffectively appointed property:

a. Passes to:

(1) The powerholder if the powerholder is a permissible appointee and living; or

(2) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

b. If there is no taker under subdivision 2 a, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.