64.1-66.2 - Construction of certain conditions of spouse's survivorship. - Virginia Statutes

§ 64.1-66.2. Construction of certain conditions of spouse's survivorship.

A. If property passes from the decedent or is acquired from the decedent byreason of the decedent's death under a will or trust that provides that thespouse of the decedent shall survive until the distribution of the gift, thewill or trust shall be construed as requiring that the spouse survive untilthe earlier of the date on which the distribution occurs or the date sixmonths after the date of the death of the testator or decedent, unless thecourt shall find that the decedent intended a contrary result.

B. The proceeding to determine whether the decedent intended that the spouseactually survive until the distribution of the gift shall be filed withintwelve months following the death of the testator or grantor, and notthereafter. It may be filed by the personal representative or any affectedbeneficiary under the will or other instrument.

(1997, c. 263.)