Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, January 16, 2009

Virginia Legislative and Judicial Update

VirginiaJ. Rodney Johnson (Professor Emeritus of Law,  University of Richmond School of Law) has recently published his article entitled Wills, Trusts, and Estates, 43 U. Rich. L. Rev. 435 (2008).

Here is the introduction to his article:

The 2007 Session of the General Assembly enacted substantially more wills, trusts, and estates legislation than one typically expects, some of which was of a particularly significant nature, such as that (1) providing for the probate of wills not executed with the required statutory formalities; (2) preventing any future application of an unfortunate augmented estate decision of the Supreme Court of Virginia; (3) avoiding the impact of federal Employee Retirement Income Security Act of 1974 (“ERISA”) preemption in certain insurance revocation and slayer statute cases; and (4) mandating notice to the public when modification or termination of a charitable trust, or the sale of its realty, is sought. In addition, there were fourteen other enactments from the 2007 Session, and three from the 2008 Session, along with eleven opinions from the Supreme Court of Virginia during the two-year period ending May 1, 2008 that presented issues of interest in this area. This article reports on all of these legislative and judicial developments.


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