Virginia Renunciation of Legacy to give Effect to Intent of Testator

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Description

In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

§ 64.2-200. Course of descents generally; right of Commonwealth if no other heir.

When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course: First.

64.1-157. Order in which debts of decedents to be paid. When the assets of the decedent in the hands of his personal representativeare not sufficient for the satisfaction of all demands against him, theyshall be applied in the following order to the payment of: 1.

§64.1-57. Refers to Section 64.1-57 of the Code of Virginia, 1950, as amended, which lists a number of powers which are granted to a qualified executor when this section is referenced and incorporated into a will. For a list of the powers you can click on the above highlighted link. Testamentary Trust.

A personal representative shall not be liable for any distribution oftangible personal property to the apparent legatee under the testator's willmade without actual knowledge of the existence of a written statement orlist, nor shall he have any duty to recover property so distributed.

§ 64.2-105. Incorporation by reference of certain powers of fiduciaries into will or trust instrument.

Chapter 5 Persons Presumed Dead (64.1-105 thru 64.1-115) 64.1-105 Presumption of death from absence or disappearance; in cause wherein death comes in questio... 64.1-105. Presumption of death from absence or disappearance; in cause wherein death comes in question.

§ 64.2-410. If a testator executes a will in the manner required by law or other writing in the manner in which a will is required to be executed that expressly revokes a former will, such former will, including any codicil thereto, is void and of no effect.

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Virginia Renunciation of Legacy to give Effect to Intent of Testator