2006 Code of Virginia § 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 takeestate.

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 adescendant of a grandparent of the testator and (ii) dead at the time ofexecution of the will or dead at the time of testator's death, the childrenand descendants of deceased children of the deceased devisee or legatee whosurvive the testator take in the place of the deceased devisee or legatee. Ifthe takers are all of the same degree of kinship to the deceased devisee orlegatee, they take equally. However, if the takers are of unequal degree,then those of more remote degree take by representation.

(1985, c. 592.)