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Abstract

The Supreme Court of Virginia has handed down seven recent

decisions addressing the authority of an agent to change the principal's

estate plan, legal malpractice claims in estate planning,

rights of incapacitated adults, limits of the constructive trust doctrine,

effects of a reversionary clause in a deed, ownership of an

engagement ring, and proof of undue influence. The 2017 Virginia

General Assembly clarified rules on legal malpractice and tenancies

by the entireties, adopted the Uniform Trust Decanting Act

and the Uniform Fiduciary Access to Digital Assets Act, and expanded

provisions governing estate administration, life insurance,

and advance medical directives. Other legislation affecting wills,

trusts, and estates included clarifications and technical corrections

relating to augmented estate claims, non-exoneration of encumbered

property, administration procedures, life insurance, adult financial

exploitation, death certificate amendments, and spousal

exemptions from real estate tax.

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