64.1-65.1 - How devises and bequests that fail, etc., to pass.
§ 64.1-65.1. How devises and bequests that fail, etc., to pass.
A. Unless a contrary intention appears by the will, and except as provided in§ 64.1-64.1, if a devise or bequest other than a residuary devise or bequestfails for any reason, it shall become a part of the residue.
B. Unless a contrary intention appears by the will and except as provided in§ 64.1-64.1, if the residue is devised or bequeathed to two or more personsand the share of one fails for any reason, such share shall pass to the otherresiduary devisees or legatees in proportion to their interests in theresidue.
C. Notwithstanding the provisions of §§ 64.1-196.5 and 64.1-196.6 and unlessa contrary intention shall appear in a will, if a testator makes a bequest,not exceeding the value of $25, to a legatee and such legatee refuses to takepossession of such bequest then the bequest shall fail and becomes a part ofthe residue of the testator's estate.
(1985, c. 592; 2003, c. 253.)