64.1-106 - Distribution of fund when presumption of death not applicable. - Virginia Statutes

§ 64.1-106. Distribution of fund when presumption of death not applicable.

If in any civil action wherein any estate or fund is to be distributed theinterest of any person therein depends upon his having been alive at aparticular time and it is not known and cannot be shown by the exercise ofreasonable diligence whether such person was alive at that time and the caseis one in which the legal presumption of death does not apply, the court may,if it sees no cause to the contrary, enter its decree distributing the estateor fund among those who would be entitled thereto if it were shown that suchperson above referred to were dead at such particular time. However, a properrefunding bond, which shall have surety thereon in such form as the courtdirects until such person is determined to be dead in accordance with §64.1-105, shall be given, with condition to account for the estate or fund toany person who may establish title thereto adverse to that of suchdistributees, or to their successors in interest.

No motion shall be made hereunder except after reasonable notice to allparties upon whom service may be had. Nothing in this section shall beconstrued to affect in any way any requirement of law as to service orpublication of process.

(Code 1950, § 64-102; 1968, c. 656; 1996, cc. 675, 684; 2005, c. 681; 2006,c. 351.)