2011 Code of Virginia
Title 64.1 WILLS AND DECEDENTS' ESTATES.
Chapter 3 Wills (64.1-45 thru 64.1-96.11)
64.1-64.1 When children or descendants of devisee, legatee, etc., to take estate
64.1-64.1. When children or descendants of devisee, legatee, etc., to take estate.
Unless a contrary intention appears in the will, if a devisee or legatee, including a devisee or legatee under a class gift, is (i) a grandparent or a descendant of a grandparent of the testator and (ii) dead at the time of execution of the will or dead at the time of testator's death, the children and descendants of deceased children of the deceased devisee or legatee who survive the testator take in the place of the deceased devisee or legatee. If the takers are all of the same degree of kinship to the deceased devisee or legatee, they take equally. However, if the takers are of unequal degree, then those of more remote degree take by representation.
(1985, c. 592.)
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