COMPARTIVE TABLE: TITLE 64.2 TO TITLE 64.1 Title 64.2 Title 64.1 SUBTITLE I. GENERAL PROVISIONS CHAPTER 1. DEFINITIONS AND GENERAL PROVISIONS. Article 1. Definitions. 64.2-100. Definitions. 64.1-01, 64.1-45 64.2-101. Construction of generic terms. 64.1-71.1 Article 2. General Provisions. 64.2-102. Meaning of child and related terms. 64.1-5.1 64.2-103. Evidence of paternity. 64.1-5.2 64.2-104. Incorporation by reference into a will, power of 64.1-45.2 attorney or trust instrument. 64.2-105. Incorporation by reference of certain powers of 64.1-57 fiduciaries into will or trust instrument. 64.2-106. Grant of certain powers to personal 64.1-57.1 representative or trustee by circuit court. 64.2-107. Power granted to personal representatives to 64.1-57.2 make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election. 64.2-108. Power granted to personal representatives and 64.1-57.3 trustees to donate conservation easements. SUBTITLE II. WILLS AND DECEDENTS’ ESTATES. CHAPTER 2. DESCENT AND DISTRIBUTION. 64.2-200. Course of descents generally; right of 64.1-1 Commonwealth if no other heir 64.2-201. Distribution of personal estate. 64.1-11, 64.1-12 64.2-202. When persons take per capita and when per 64.1-2, 64.1-3 stirpes; collaterals of the half blood. 64.2-203. Inheritance rights of certain individuals. 64.1-4, 64.1-6.1 64.2-204. Afterborn heirs. 64.1-8.1 64.2-205. Right of entry or action for land not affected by 64.1-10 descent cast. 64.2-206. Advancements brought into hotchpot. 64.1-17 CHAPTER 2. RIGHTS OF MARRIED PERSONS. Article 1. Elective Share of Surviving Spouse. 64.2-300. Definitions. 64.1-16.1, 64.1-16.2 64.2-301. Dower or curtesy abolished. 64.1-19.2 64.2-302. When and how elective share may be claimed 64.1-13 by surviving spouse. 64.2-303. Extension of time until after determination of 64.1-14 action for construction of will or extent of augmented 1 COMPARTIVE TABLE: TITLE 64.2 TO TITLE 64.1 estate. 64.2-304. Rights upon claiming an elective share. 64.1-16 64.2-305. Augmented estate; exclusions; valuation. 64.1-16.1 64.2-306. Charging spouse with the value of property 64.1-16.2 received; liability of others for balance of elective share. 64.2-307. Rights in family residence. 64.1-16.4 64.2-308. Statutory rights barred by desertion or 64.1-16.3 abandonment. Article 2. Exempt Property and Allowances. 64.2-309. Family allowance. 64.1-151.1, 64.1-151.4 64.2-310. Exempt property. 64.1-151.2 64.2-311. Homestead allowance. 64.1-151.3 64.2-312. Source, determination, and documentation of 64.1-151.4 family allowance, exempt property, and homestead allowance; petition for relief. 64.2-313. When and how exempt property and allowances 64.1-151.5 may be claimed. 64.2-314. Waiver. 64.1-151.6 Article 3. Uniform Disposition of Community Property Rights at Death Act. 64.2-315. Application. 64.1-197 64.2-316. Presumptions. 64.1-198 64.2-317. Disposition upon death. 64.1-199 64.2-318. Perfection of title of surviving spouse. 64.1-200 64.2-319. Perfection of title of personal representative, 64.1-201 heir or devisee. 64.2-320. Purchaser for value or lender. 64.1-202 64.2-321. Creditor's rights. 64.1-203 64.2-322. Acts of married persons. 64.1-204 64.2-323. Limitations on testamentary disposition. 64.1-205 64.2-324. Uniformity of application and construction. 64.1-206 CHAPTER 4. WILLS. Article 1. Requisites and Execution. 64.2-400. Separate writing identifying recipients of 64.1-45.1 tangible personal property; liability for distribution; action to recover property. 64.2-401. Who may make a will; what estate may be 64.1-46, 64.1-47 disposed of. 64.2-402. Advertisements to draw wills prohibited; 64.1-48 penalty. 64.2-403. Execution of wills; requirements. 64.1-49 64.2-404. Writings intended as wills. 64.1-49.1 2 COMPARTIVE TABLE: TITLE 64.2 TO TITLE 64.1 64.2-405. Interested persons as competent witnesses. 64.1-51 64.2-406. When exercise of power of appointment by will 64.1-50 valid. 64.2-407. Will of personal estate of nonresidents. 64.1-53 64.2-408. Presumption of formal execution of wills made 64.1-53, 64.1-54 by persons in military service; will of personal estate of persons in military service and seamen. 64.2-409. Wills of living persons lodged for safekeeping 64.1-56 with clerks of certain courts. Article 2. Revocation, etc. 64.2-410. Revocation of wills generally. 64.1-58.1 64.2-411. Revival of wills after revocation. 64.1-60 64.2-412. Revocation by divorce or annulment; revival 64.1-59 upon remarriage; no revocation by other change. 64.2-413. Effect of subsequent conveyance on will. 64.1-61 Article 3. Construction and Effect. 64.2-414. When wills deemed to speak. 64.1-62, 64.1-72 64.2-415. How certain bequests and devises to be 64.1-62.3, 64.1-66 construed; nonademption in certain cases. 64.2-416. Devises and bequests that fail; how to pass. 64.1-65.1 64.2-417. When advancement deemed satisfaction of 64.1-417 devise or bequest. 64.2-418. When children or descendants of devisee or 64.1-64.1 legatee to take estate. 64.2-419. Provision for omitted children when no child 64.1-70 living when will made. 64.2-420. Provision for omitted children when child living 64.1-71 when will made. 64.2-421. Construction of certain conditions of spouse's 64.1-66.2 survivorship. 64.2-422.When omitted spouse to take intestate portion. 64.1-69.1 64.2-423. Exercise of power of appointment. 64.1-67.1 64.2-424. When direction to purchase annuity binding on 64.1-69 legatee. 64.2-425. Interest on pecuniary legacies. 64.1-68 64.2-426. Testamentary additions to trusts by testator 64.1-73 dying on or after July 1, 1994, and before July 1, 1999. 64.2-427. Testamentary additions to trusts by testator 64.1-73.1 dying after June 30, 1999.. 64.2-428. Distribution of assets by fiduciaries in 64.1-74 satisfaction of pecuniary bequests or transfers in trust of pecuniary amount. 64.2-429. Construction of trust provisions otherwise 64.1-74.1 3 COMPARTIVE TABLE: TITLE 64.2 TO TITLE 64.1 eligible for the election permitted under Section 2056 (b) (7) of the Internal Revenue Code. 64.2-430. Certain marital deduction formula clauses to be 64.1-62.1 construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981. 64.2-431. Certain powers of appointment construed to 64.1-62.2 refer to federal gift tax exclusion in effect on date of execution. 64.2-432. Certain formula clauses to be construed to refer 64.1-62.4 to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying in 2010. Article 4. Uniform International Wills Act. 64.2-433. Definitions. 64.1-96.2 64.2-434. Validity. 64.1-96.3 64.2-435. Requirements. 64.1-96.4 64.2-436. Other points of form. 64.1-96.5 64.2-437. Certificate. 64.1-96.6 64.2-438. Effect of certificate. 64.1-96.7 64.2-439. Revocation. 64.1-96.8 64.2-440. Source and construction. 64.1-96.9 64.2-441. Persons authorized to act in relation to 64.1-96.10 international will; eligibility; recognition by authorizing agency. 64.2-442. International will information registration. 64.1-96.11 Article 5. Probate. 64.2-443. Jurisdiction of probate of wills. 64.1-75, 64.1-76 64.2-444. Clerks may probate wills. 64.1-77 64.2-445. Appeal from order of clerk. 64.1-78 64.2-446. Motion for probate; process against persons 64.1-79, 64.1-80, 64.1-82, interested in probate. 64.1-83, 64.1-85 64.2-447. Use of depositions. 64.1-87 64.2-448. Complaint to impeach or establish a will; 64.1-84, 64.1-88, 64.1-89, limitation of action; venue. 64.1-90 64.2-449. Procedure in probate proceedings. 64.1-81, 64.1-86, 64.1-91 64.2-450. Probate of copy of will proved outside the 64.1-92 Commonwealth; authenticated copy. 64.2-451. Appointment of curator; when made; his duties. 64.1-93 64.2-452. How will may be made self-proved; affidavit of 64.1-87.1 witnesses. 64.2-453. How will may be made self-proved; 64.1-87.2 acknowledgment of witnesses. 64.2-454. Appointment of administrator for prosecution of 64.1-75.1 action for personal injury or wrongful death against or on 4 COMPARTIVE TABLE: TITLE 64.2 TO TITLE 64.1 behalf of estate of deceased resident or nonresident. Article 6. Recordation and Effect. 64.2-455.
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