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VA SB540
VA SB540Undue influence; presumption in actions contesting validity of certain document or instrument.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/19/2026
02/19/2026
Crossed Over
02/16/2026
02/16/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Undue influence; presumption in actions contesting validity of certain document or instrument. Provides that, in an action contesting the validity of a document or instrument that conveys or transfers real or personal property upon the death of the owner of such real or personal property, such as a trust or trust instrument, a payment on death account, or a transfer on death deed, where a presumption of undue influence arises, the fact finder shall presume that undue influence was exerted over the decedent unless evidence leads the fact finder to determine that the decedent did intend for the real or personal property to be conveyed or transferred as indicated. Current law applies this presumption of undue influence only to actions contesting the validity of a will.
AI Summary
This bill expands the legal presumption of undue influence, which is when someone is unfairly persuaded to change their will or other legal documents, to cover more types of property transfers made upon death. Currently, this presumption only applies when someone contests the validity of a will, but this bill would extend it to actions challenging documents like trusts, payment on death accounts, or transfer on death deeds that transfer real or personal property after the owner's death. This means that if a presumption of undue influence arises in a case involving these types of documents, the fact finder (judge or jury) will assume that the deceased person was improperly influenced unless there is enough evidence to prove they genuinely intended the property to be transferred as stated in the document.
Committee Categories
Justice
Sponsors (1)
Last Action
Subcommittee recommends reporting with substitute (6-Y 4-N) (on 02/23/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/SB540 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB540/text/SB540HC1 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB540/text/SB540 |
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