Virginia · statute · Va. Code tit. 64.2 · 761 active provisions
As used in this title, unless the context otherwise requires: "Bona fide purchaser" means a purchaser of property for value who has acted in the transaction in good faith. Notice of a seller's marital status, or notice of the existence of a premarital or marital agreement, does not affect the status of a bona fide purc…
In the interpretation of wills and trusts, adopted persons and persons born out of wedlock are included in class gift terminology or terms of relationship in accordance with rules for determining relationships for purposes of intestate succession unless a contrary intent appears on the face of the will or trust. In det…
If, for purposes of this title or for determining rights in and to property pursuant to any deed, will, trust or other instrument, a relationship of parent and child must be established to determine succession or a taking by, through, or from a person: 1. An adopted person is the child of an adopting parent and not of…
A. For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following: 1. That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born; 2. That he gave consen…
A. The following original documents may be incorporated by reference into a will, power of attorney, or trust instrument: 1. A letter or memorandum to the fiduciary or agent as to the interpretation of discretionary powers of distribution where the will, power of attorney, or trust instrument grants the fiduciary or ag…
A. For purposes of this section: "Environmental law" means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health. "Estate" includes all interests in the real or personal property of a decedent passing by will or by intestate succession. "Fiduciary" in…
A. Upon the motion of a personal representative or trustee, a circuit court may grant to the personal representative or trustee all or a part of the powers that may be incorporated by reference pursuant to § 64.2-105 . If there is more than one personal representative or trustee, the court may specify as to whether the…
A. For purposes of this section, "personal representative" includes the trustee of a qualified terminable interest property trust if there has been no qualification of a personal representative for the estate of the decedent who created the trust. B. Personal representatives, whether heretofore or hereafter qualified,…
Personal representatives and trustees, whether heretofore or hereafter qualified or appointed, are hereby granted the power to donate a conservation easement as provided in the Virginia Conservation Easement Act (§ 10.1-1009 et seq.) or an open-space easement as provided in the Open-Space Land Act (§ 10.1-1700 et seq.)…
When any will, trust instrument, power of attorney, or other instrument refers to a section of the Code that, at the time the reference was made in the will, trust instrument, power of attorney, or other instrument, had been repealed and transferred in the same or a modified form to a new section, article, or chapter i…
A. For purposes of this section, "medical assistance" and "medical assistance benefits" mean benefits payable under the state plan for medical assistance services. B. Except as provided in subsection C, a provision in any inter vivos trust created for the benefit of the grantor that provides directly or indirectly for…
As used in this article, unless the context requires otherwise: "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. "Agent" means a person granted authority to act…
A. This article applies to: 1. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; 2. A personal representative acting for a decedent who died before, on, or after July 1, 2017; 3. A conservatorship proceeding commenced before, on, or after July 1, 2017; 4. A guardianship pr…
A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosur…
A. This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. B. This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the…
A. When disclosing digital assets of a user under this article, the custodian may, at its sole discretion: 1. Grant a fiduciary or designated recipient full access to the user's account; 2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fidu…
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of electronic communications sent or received by the user if the representative gives the custodian: 1…
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications,…
To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: 1. A written reque…
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digit…
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of electronic communications sent or received by an original or successor user and carried, maintained, processed, received, or stored by th…
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an acc…
A. After an opportunity for a hearing under Chapter 20 (§ 64.2-2000 et seq.), the court may grant a conservator or guardian access to the digital assets of a protected person. B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalog of electro…
A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: 1. The duty of care; 2. The duty of loyalty; and 3. The duty of confidentiality. B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: 1. Exc…