General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Wills and Decedents' Estates


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Wills and Decedents' Estates

Passed

P HB1976

Uniform Disclaimer of Property Interests Act. Repeals Chapter 8 of Title 64.1, dealing with disclaimer of property passing under testamentary interests by descent or distribution and replaces it with the Uniform Disclaimer of Property Interests Act (UDPIA), which was adopted by the National Conference of Commissioners on Uniform State Laws in 1978 and revised in 1999. The current Virginia disclaimer statute focuses on estate and gift tax consequences. The UDPIA broadens the situations in which disclaimers can be used and details the exercise and effect of disclaimers, including that acceptance is the only bar to a valid disclaimer and specifying the effects of a disclaimer.
Patron - Athey

P HB1977

Incorporating powers of fiduciary into will or trust instrument; definition of estate. Defines "estate" to include all interests in the property of an individual that passes by will or intestacy. The bill's purpose is to ensure that the fiduciary has access to property other than that to which he has title as fiduciary, for the purposes of paying any debts of the estate. This bill is identical to SB 980.
Patron - Athey

P HB1978

Wills and decedents' estates; presumption of death. Provides a "specific peril" exception to the Enoch Arden statute that presumes that an individual who is absent or has disappeared for at least seven years has died.
Patron - Athey

P HB2516

Wills and decedents' estates; administrator. Authorizes the court to appoint an administrator solely for the purpose of prosecuting a personal injury or wrongful death action on behalf of an estate or the beneficiaries of the estate when there has been no such appointment or qualification.
Patron - Griffith

P SB980

Incorporating powers of fiduciary into will or trust instrument; definition of estate. Defines "estate" to include all interests in the property of an individual that passes by will or intestacy. The bill's purpose is to ensure that the fiduciary has access to property other than that to which he has title as fiduciary, for the purposes of paying any debts of the estate. This bill is identical to HB 1977.
Patron - Mims

Failed

F SB1238

To whom administration of will may be granted. Removes the authority of the clerk to grant administration of a will where no executor has been named by the will or those named refuse to serve. The authority is reserved for the court alone.
Patron - Norment

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