Themis Essay 4898 Flashcards
Virginia recognized the validity of a “________________ ______ _____________” deed.
“transfer on death”
To qualify as a “transfer on death” deed, the deed must be
(i) properly executed;
(ii) name a beneficiary who is to take the property on the death of the current owner; and
(iii) be recorded with the circuit court where the property is located.
A grantor may revoke a deed that is a
“transfer on death” deed.
By statute, Virginia permits tangible personal property to be disposed of by a written statement or “gift list,” even though the written statement or gift list is not
itself executed with the formalities required of a will and is prepared or amended after the will is executed.
For a “gift list” to have testamentary effect, the following requirements must be met:
(i) the will must refer to the writing;
(ii) the writing must describe both the items of personal property and the identity of the recipients with reasonable certainty;
(iii) the writing must be signed by the testator; and
(iv) the property must not otherwise be devised in the will.
Under Virginia’s anti-lapse statute, if a deceased beneficiary is a grandparent or a decedent of a grandparent of the testator, then
a gift is presumed in favor of the deceased beneficiary’s descendants who survive the testator, unless the will indicates otherwise.
Virginia’s anti-lapse statute applies not only to a devise to an individual, but also
to a class gift.
For inheritance purposes, an adopted person becomes the child of the adopting parents and is generally
no longer the child of the biological parents.