Bill Text: VA SB1042 | 2020 | Regular Session | Introduced
Bill Title: Wills; presumption of undue influence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-02-24 - Continued to 2021 in Courts of Justice by voice vote [SB1042 Detail]
Download: Virginia-2020-SB1042-Introduced.html
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. Presumption of undue influence.
A. There is a rebuttable presumption of undue influence on a testator if the following elements are established:
1. The testator was mentally feeble when his will was established;
2. The testator named a beneficiary who stood in a relationship of confidence or dependence to the testator; and
3. The testator previously had expressed an intention to make a contrary disposition of his property.
B. Upon the presentation of evidence establishing the elements listed in subsection A, a jury sitting as trier of fact shall be instructed that it may presume that the will was executed under undue influence.
