Virginia § 64.2-400 - Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property

§ 64.2-400. Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property

A. For the purposes of this section, "revocable," "settlor," "trustee," and "trust instrument" mean the same as those terms are defined in § 64.2-701.

B. If a will or a trust instrument that was revocable immediately before the settlor's death refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator or settlor although it does not satisfy the requirements for a will or trust instrument. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.

C. The written statement or list may be (i) referred to as one that is in existence at the time of the testator's or settlor's death, (ii) prepared before or after the execution of the will or trust instrument, (iii) altered by the testator or settlor at any time, and (iv) a writing that has no significance apart from its effect on the dispositions made by the will or trust instrument. When distribution is made pursuant to such a written statement or list referred to in a will, a copy thereof shall be furnished to the commissioner of accounts along with the legatee's receipt.

D. A personal representative or trustee shall not be liable for any distribution of tangible personal property to the apparent recipient under the will or trust instrument made without actual knowledge of the existence of a written statement or list, nor shall he have any duty to recover property so distributed. However, a person named to receive certain tangible personal property in a written statement or list that is effective under this section may recover that property, or its value if the property cannot be recovered, from an apparent recipient to whom it has been distributed in an action brought for that purpose within one year after the probate of the testator's will if such written statement or list was referred to in a testator's will or within one year of the settlor's death if such written statement or list was referred to in a trust instrument.

E. This section shall not apply to a writing admitted to probate as a will and, except as provided herein, shall not otherwise affect the law of incorporation by reference.

1995, c. 363, § 64.1-45.1; 2012, c. 614; 2024, c. 576.