Intent to exercise; determining intent from residuary clause
Va. Code Ann. § 64.2-2714
in effectA. As used in this section:
"Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
"Will" includes a codicil and a testamentary instrument that revises another will.
B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
1. The terms of the instrument containing the residuary clause do not manifest a contrary intent;
2. The power is a general power exercisable in favor of the powerholder's estate;
3. There is no gift-in-default clause or the clause is ineffective; and
4. The powerholder did not release the power.
2016, c. 266 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/64.2-2714/Fetched: 10/17/2026