Virginia legislation · 2026 Regular Session
Virginia SB540: An Act to amend the Code of Virginia by adding a section numbered 64.2-724.1, relating to undue influence; presumptions in actions contesting validity of a trust or trust instrument.
Status: Chaptered, April 8, 2026
Undue influence; presumption in actions contesting validity of certain trust or instrument. Provides that, in an action contesting the validity of a trust or trust instrument, where a presumption of undue influence arises, the fact finder shall presume that the 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.
What the bill says
An Act to amend the Code of Virginia by adding a section numbered 64.2-724.1, relating to undue influence; presumptions in actions contesting validity of a trust or trust instrument. [S 540] Approved April 8, 2026 1. That the Code of Virginia is amended by adding a section numbered 64.2-724.1 as presumption of undue influence. In addition to any other relevant provision of law, where a presumption of undue influence arises in any action contesting the validity of a trust or trust instrument created pursuant to the provisions of Article 1 (§ 64.2-700 et seq.), the finder of fact shall presume t.
From the enrolled text, April 8, 2026:
An Act to amend the Code of Virginia by adding a section numbered 64.2-724.1, relating to undue influence; presumptions in actions contesting validity of a trust or trust instrument. [S 540] Approved April 8, 2026 1. That the Code of Virginia is amended by adding a section numbered 64.2-724.1 as presumption of undue influence. In addition to any other relevant provision of law, where a presumption of undue influence arises in any action contesting the validity of a trust or trust instrument created pursuant to the provisions of Article 1 (§ 64.2-700 et seq.), the finder of fact shall presume that the undue influence was exerted over the decedent unless, based on all the evidence introduced at trial, the finder of fact finds that the decedent did intend for such real or personal property to be conveyed or transferred as indicated in the contested document or instrument.