SB554: Will contest; presumption of undue influence.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1, relating to will contest; presumption of undue influence.
[S 554]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1 as follows:

§ 64.2-454.1. Will contest; presumption of undue influence.

In any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that undue influence was exerted over the decedent unless, based on all the evidence introduced at trial, the finder of fact finds that the decedent did intend it to be his will.


SENATE BILL NO. 554
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on February 14, 2022)
(Patron Prior to Substitute--Senator Obenshain)
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1, relating to will contest; presumption of undue influence.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1 as follows:

§ 64.2-454.1. Will contest; presumption of undue influence.

In any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that undue influence was exerted over the decedent unless, based on all the evidence introduced at trial, the finder of fact finds that the decedent did intend it to be his will.

SENATE BILL NO. 554

Offered January 12, 2022
Prefiled January 12, 2022
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1, relating to will contest; presumption of undue influence.
Patron-- Obenshain
Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1 as follows:

§ 64.2-454.1. Will contest; presumption of undue influence.

In any case contesting the validity of a decedent's will where a presumption of undue influence arises, the burden of producing evidence and the burden of persuasion as to the factual issue that undue influence was exerted over the testator shall be on the party against whom the presumption operates.