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HB746

Wills and revocable trusts; eliminating certain inconsistencies.

Status:
Enacted

Chief Patron:
Jay Leftwich (R)

Session:
2018 Regular Session

Summary

As Passed House of Origin. Wills and revocable trusts; eliminating certain inconsistencies.

Eliminates certain inconsistencies between wills and revocable trusts by extending to revocable trusts (i) revocation of benefits to a spouse and appointments to a spouse as a fiduciary upon divorce or annulment, (ii) the default rules for nonademption of certain bequests, (iii) the default rules related to the lapsing of a failed devise or bequest to the residue, and (iv) the anti-lapse rule that provides that a testamentary disposition fails when the taker predeceases the testator. The bill also provides that a court may modify the terms of a decedent's will to correct a mistake to conform to the decedent's intent, as proved by clear and convincing evidence. The bill further provides that, if shown by clear and convincing evidence, a court may modify the terms of a decedent's will to achieve the decedent's tax objectives in a manner that is not contrary to the decedent's probable intention. Under current law, such reformation is allowed to modify the terms of a trust for similar purposes. The provisions of the bill related to modification of a will apply retroactively to wills executed prior to July 1, 2018, and judicial proceedings commenced prior to July 1, 2018, except that such modification shall not be made if a judicial proceeding has been commenced prior to July 1, 2018, and the court finds that modification would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of the parties. (Less)

  • Bill History

  • 01/09/2018 - House: Prefiled and ordered printed; offered 01/10/18 18101509D
  • 01/09/2018 - House: Referred to Committee for Courts of Justice
  • 01/16/2018 - House: Assigned Courts sub: Subcommittee #2
  • 01/17/2018 - House: Subcommittee recommends reporting with amendment (8-Y 0-N)
  • 01/29/2018 - House: Reported from Courts of Justice with amendment (18-Y 0-N)
  • 01/31/2018 - House: Read first time
  • 02/01/2018 - House: Read second time
  • 02/01/2018 - House: Committee amendment agreed to
  • 02/01/2018 - House: Engrossed by House as amended HB746E
  • 02/01/2018 - House: Printed as engrossed 18101509D-E
  • 02/02/2018 - House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
  • 02/02/2018 - House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • 02/05/2018 - Senate: Constitutional reading dispensed
  • 02/05/2018 - Senate: Referred to Committee for Courts of Justice
  • 02/12/2018 - Senate: Reported from Courts of Justice (13-Y 2-N)
  • 02/13/2018 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/14/2018 - Senate: Read third time
  • 02/14/2018 - Senate: Passed Senate (22-Y 18-N)   Close Floor Vote
  • 02/16/2018 - House: Enrolled
  • 02/16/2018 - House: Bill text as passed House and Senate (HB746ER)
  • 02/16/2018 - House: Signed by Speaker
  • 02/19/2018 - Senate: Signed by President
  • 02/19/2018 - House: Enrolled Bill communicated to Governor on February 19, 2018
  • 02/19/2018 - Governor: Governor's Action Deadline Midnight, February 26, 2018
  • 02/26/2018 - Governor: Approved by Governor-Chapter 44 (effective 7/1/18)
  • 02/26/2018 - Governor: Acts of Assembly Chapter text (CHAP0044)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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