BillCam

Wills Trusts And Fiduciaries

Number	Legislature	Summary	Subjects
SB-1140	State (Virginia)	Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement between the individual who is the subject of the estate planning and the defendant that expressly grants standing to such person. This bill is in response to Thorsen v. Richmond Society for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016) and is identical to HB 1617. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries Estates
SB-1177	State (Virginia)	Surviving spouse's elective share; homestead allowance benefit. Provides that if a surviving spouse of a decedent dying on or after January 1, 2017, claims and receives an elective share, the homestead allowance available to the spouse shall be in addition to any benefit or elective share passing to such surviving spouse. The bill provides consistency with other provisions of Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3 of Title 64.2, which governs the elective share of the surviving spouse of a decedent dying on or after January 1, 2017, which was enacted in 2016. The bill contains an emergency clause. This bill is identical to HB 1516. Republican: 100% (1) 100% Republican support	Emergency Legislation Wills Trusts And Fiduciaries
SB-1176	State (Virginia)	Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the personal representative shall be liable for the debt up to an amount not exceeding the assets of the decedent remaining in possession of the personal representative and available for application to the debt. The bill does not have an effect on either the liability of the estate for such debt to the extent of the decedent's assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent's assets to the extent of such receipt. This bill is identical to HB 1618. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
HB-1947	State (Virginia)	Temporary delegation of powers by guardian. Allows a court to authorize a guardian appointed for an incapacitated person to delegate any of his powers regarding the incapacitated person to another person 18 years of age or older. The court's order may further specify individuals to whom the guardian is prohibited from delegating such powers. The bill requires that any such delegation made pursuant to such authorization be a single period no longer than 90 days within a 12-month period. The bill requires that any such delegation made be in writing, be signed by the guardian, and be attested to by two witnesses. The person to whom the powers are delegated must also provide written acceptance of such delegation. Republican: 100% (1) 100% Republican support	Persons With Disabilities Wills Trusts And Fiduciaries
HB-1654	State (Virginia)	Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner of accounts. Removes the provision that allows the commissioner of accounts to charge a fee of up to $75 for the examination and approval of a statement in lieu of the settlement of accounts. This bill is a recommendation of the Judicial Council. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
HB-1643	State (Virginia)	Electronic wills. Provides a process for the execution of an electronic will, which has the same force and effect as a traditional, written will. The bill requires the electronic will to be stored in an "authoritative electronic record," kept under the control of a "qualified custodian," and contain the electronic signature of the testator and the electronic signatures of either two witnesses or a notary public. The bill defines the terms "authoritative electronic record," "certified paper original," and "qualified custodian." Republican: 100% (1) 100% Republican support	Computer Services And Uses Electronic Processes Wills Trusts And Fiduciaries
HB-1617	State (Virginia)	Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement between the individual who is the subject of the estate planning and the defendant that expressly grants standing to such person. This bill is in response to Thorsen v. Richmond Society for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016) and is identical to SB 1140. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries Estates
HB-1618	State (Virginia)	Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the personal representative shall be liable for the debt up to an amount not exceeding the assets of the decedent remaining in possession of the personal representative and available for application to the debt. The bill does not have an effect on either the liability of the estate for such debt to the extent of the decedent's assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent's assets to the extent of such receipt. This bill is identical to SB 1176. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
HB-1608	State (Virginia)	Uniform Fiduciary Access to Digital Assets Act. Creates the Uniform Fiduciary Access to Digital Assets Act. The bill allows fiduciaries to manage digital property such as computer files, web domains, and virtual currency, and restricts a fiduciary's access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015. This bill is identical to SB 903. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
SB-945	State (Virginia)	Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner of accounts. Removes the provision that allows the commissioner of accounts to charge a fee of up to $75 for the examination and approval of a statement in lieu of the settlement of accounts. This bill is a recommendation of the Judicial Council. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
SB-913	State (Virginia)	Uniform Trust Decanting Act; creation. Codifies the Uniform Trust Decanting Act, which governs a trustee's ability to distribute assets from one trust into a second trust. Democrat: 100% (1) 100% Democrat support	Wills Trusts And Fiduciaries Trusts
SB-903	State (Virginia)	Uniform Fiduciary Access to Digital Assets Act. Creates the Uniform Fiduciary Access to Digital Assets Act. The bill allows fiduciaries to manage digital property such as computer files, web domains, and virtual currency, and restricts a fiduciary's access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015. This bill is identical to HB 1608. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries
HB-1516	State (Virginia)	Surviving spouse's elective share; homestead allowance benefit. Provides that if a surviving spouse of a decedent dying on or after January 1, 2017, claims and receives an elective share, the homestead allowance available to the spouse shall be in addition to any benefit or elective share passing to such surviving spouse. The bill provides consistency with other provisions of Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3 of Title 64.2, which governs the elective share of the surviving spouse of a decedent dying on or after January 1, 2017, which was enacted in 2016. The bill contains an emergency clause. This bill is identical to SB 1177. Republican: 100% (1) 100% Republican support	Emergency Legislation Wills Trusts And Fiduciaries
HB-1515	State (Virginia)	Circuit court clerks; electronic transfer of certain documents. Permits circuit court clerks to transfer electronically, or provide electronic access to, documents related to certain real property information to certain public officials. Republican: 100% (1) 100% Republican support	Computer Services And Uses Courts Of Record Taxation Clerks Of Courts Circuit Courts Electronic Processes Wills Trusts And Fiduciaries
HB-1507	State (Virginia)	Powers and duties of conservator appointed for an absentee; support of an absentee's spouse and children. Provides that the powers and duties of conservators appointed pursuant to Article 1 (? 64.2-2000 et seq.) of Chapter 20 of Title 64.2 shall apply to conservators appointed for an absentee. Current law requires the judge to enter any orders directing such conservator in the management, operation, and control of the absentee's estate only when it deems such orders necessary. The bill clarifies that an absentee's spouse is entitled to support where the court deems that such support is necessary. Democrat: 100% (1) 100% Democrat support	Minors Children Wills Trusts And Fiduciaries
HB-1448	State (Virginia)	Qualified trustee of self-settled spendthrift trusts. Allows any legal entity authorized by law to act as a trustee to serve as a qualified trustee of a self-settled spendthrift trust. Under current law, only a natural person who resides in the Commonwealth or a legal entity authorized to engage in trust business (i.e., a bank or trust company) may serve as a qualified trustee. The bill would expand the definition of "independent qualified trustee" and "qualified trustee" to include entities such as law firms and charitable organizations, when such entities are authorized by law to act as trustees. Republican: 100% (1) 100% Republican support	Wills Trusts And Fiduciaries Trusts
SB-815	State (Virginia)	Priority of debts to be paid from decedent's assets; child support arrearages. Prioritizes debts owed for child support arrearages over debts and taxes due to localities and other, unenumerated claims against the estate of a decedent. Democrat: 100% (1) 100% Democrat support	Domestic Relations Wills Trusts And Fiduciaries Child Support

Title: Legal malpractice; estate planning.

Session: Virginia 2017-2017 Regular Session

Number: SB-1140

Subjects: Wills Trusts And Fiduciaries, Estates

Republican: 100% (1)

Title: Surviving spouse's elective share; homestead allowance benefit.

Session: Virginia 2017-2017 Regular Session

Number: SB-1177

Subjects: Emergency Legislation, Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries.

Session: Virginia 2017-2017 Regular Session

Number: SB-1176

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Guardians; temporary delegation of powers regarding an incapacitated person.

Session: Virginia 2017-2017 Regular Session

Number: HB-1947

Subjects: Persons With Disabilities, Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner.

Session: Virginia 2017-2017 Regular Session

Number: HB-1654

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Electronic wills; process for execution of will.

Session: Virginia 2017-2017 Regular Session

Number: HB-1643

Subjects: Computer Services And Uses, Electronic Processes, Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Legal malpractice; estate planning.

Session: Virginia 2017-2017 Regular Session

Number: HB-1617

Subjects: Wills Trusts And Fiduciaries, Estates

Republican: 100% (1)

Title: Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries.

Session: Virginia 2017-2017 Regular Session

Number: HB-1618

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Uniform Fiduciary Access to Digital Assets Act.

Session: Virginia 2017-2017 Regular Session

Number: HB-1608

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner.

Session: Virginia 2017-2017 Regular Session

Number: SB-945

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Uniform Trust Decanting Act; creation.

Session: Virginia 2017-2017 Regular Session

Number: SB-913

Subjects: Wills Trusts And Fiduciaries, Trusts

Democrat: 100% (1)

Title: Uniform Fiduciary Access to Digital Assets Act.

Session: Virginia 2017-2017 Regular Session

Number: SB-903

Subjects: Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Surviving spouse's elective share; homestead allowance benefit.

Session: Virginia 2017-2017 Regular Session

Number: HB-1516

Subjects: Emergency Legislation, Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Circuit court clerks; electronic transfer of certain documents.

Session: Virginia 2017-2017 Regular Session

Number: HB-1515

Subjects: Computer Services And Uses, Courts Of Record, Taxation, Clerks Of Courts, Circuit Courts, Electronic Processes, Wills Trusts And Fiduciaries

Republican: 100% (1)

Title: Powers & duties of conservator appointed for an absentee; support of an absentee's spouse.

Session: Virginia 2017-2017 Regular Session

Number: HB-1507

Subjects: Minors, Children, Wills Trusts And Fiduciaries

Democrat: 100% (1)

Title: Self-settled spendthrift trusts; certain legal entities to act as qualified trustee.

Session: Virginia 2017-2017 Regular Session

Number: HB-1448

Subjects: Wills Trusts And Fiduciaries, Trusts

Republican: 100% (1)

Title: Child support, unpaid; priority of debts to be paid from decedent's assets.

Session: Virginia 2017-2017 Regular Session

Number: SB-815

Subjects: Domestic Relations, Wills Trusts And Fiduciaries, Child Support

Democrat: 100% (1)

Wills Trusts And Fiduciaries

SB-1140

State (Virginia)

SB-1177

State (Virginia)

SB-1176

State (Virginia)

HB-1947

State (Virginia)

HB-1654

State (Virginia)

HB-1643

State (Virginia)

HB-1617

State (Virginia)

HB-1618

State (Virginia)

HB-1608

State (Virginia)

SB-945

State (Virginia)

SB-913

State (Virginia)

SB-903

State (Virginia)

HB-1516

State (Virginia)

HB-1515

State (Virginia)

HB-1507

State (Virginia)

HB-1448

State (Virginia)

SB-815

State (Virginia)