64.1-71.1 - Construction of generic terms. - Virginia Statutes

§ 64.1-71.1. Construction of generic terms.

In the interpretation of wills and trusts, adopted persons and persons bornout of wedlock are included in class gift terminology or terms ofrelationship in accordance with rules for determining relationships forpurposes of intestate succession unless a contrary intent shall appear on theface of the will or trust. In determining the intent of a testator orsettlor, adopted persons are presumptively included in such terms as"children," "issue," "kindred," "heirs," "relatives,""descendents" or similar words of classification and are presumptivelyexcluded by such terms as "natural children," "issue of the body,""blood kindred," "heirs of the body," "blood relatives," "descendentsof the body" or similar words of classification. In the event that afiduciary makes payment to members of a class to the exclusion of personsborn out of wedlock of whose claim of paternity or maternity the fiduciaryhas no knowledge, the fiduciary shall not be held liable to such persons forpayments made prior to knowledge of such claim. This section shall apply toall inter vivos trusts executed after July 1, 1978, and to all wills ofdecedents dying after July 1, 1978, regardless of when executed.

(1978, c. 647; 1987, c. 604.)