2011 Code of Virginia
Title 64.1 WILLS AND DECEDENTS' ESTATES.
Chapter 3 Wills (64.1-45 thru 64.1-96.11)
64.1-65.1 How devises and bequests that fail, etc., to pass
64.1-65.1. How devises and bequests that fail, etc., to pass.
A. Unless a contrary intention appears by the will, and except as provided in 64.1-64.1, if a devise or bequest other than a residuary devise or bequest fails for any reason, it shall become a part of the residue.
B. Unless a contrary intention appears by the will and except as provided in 64.1-64.1, if the residue is devised or bequeathed to two or more persons and the share of one fails for any reason, such share shall pass to the other residuary devisees or legatees in proportion to their interests in the residue.
C. Notwithstanding the provisions of 64.1-196.5 and 64.1-196.6 and unless a contrary intention shall appear in a will, if a testator makes a bequest, not exceeding the value of $25, to a legatee and such legatee refuses to take possession of such bequest then the bequest shall fail and becomes a part of the residue of the testator's estate.
(1985, c. 592; 2003, c. 253.)
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