Virginia § 64.2-779.19 - Savings provision
Full text of Virginia Code of Virginia § 64.2-779.19 — Savings provision, with citation guidance and answers to common questions.
§ 64.2-779.19. Savings provision
A. If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the income or principal of the second trust attributable to the exercise of the power:
1. A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article.
2. A provision required by this article to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this article.
B. If a trustee or other fiduciary of a second trust determines that subsection A applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
2017, c. 592.
Frequently Asked Questions About Virginia § 64.2-779.19
What does Code of Virginia § 64.2-779.19 cover?
Section 64.2-779.19 ("Savings provision") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 64.2-779.19?
A common citation format is "Code of Virginia § 64.2-779.19" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 64.2-779.19 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.