2017 Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 4 - Wills
§ 64.2-416. Devises and bequests that fail; how to pass

Universal Citation: VA Code § 64.2-416 (2017)

A. Unless a contrary intention appears in the will, and except as provided in § 64.2-418:

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; and

2. 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.

B. Notwithstanding the provisions of §§ 64.2-2604 and 64.2-2605 and unless a contrary intention appears in the will, if a testator makes a bequest, not exceeding the value of $100, 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, § 64.1-65.1; 2003, c. 253; 2012, c. 614; 2014, c. 532.

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