§ 64.1-45.2. Incorporation by reference; letter of instruction or memoranduminto a will, power of attorney or trust instrument.
A. The following original documents may be incorporated by reference into awill, power of attorney or trust instrument:
1. A letter or memorandum to the fiduciary or agent as to the interpretationof discretionary powers of distribution where the will, power of attorney ortrust instrument provides the fiduciary or agent the power to makedistributions to beneficiaries in the discretion of the fiduciary or agent;and
2. A letter or memorandum stating the views or directions of the maker of thewill, power of attorney or trust instrument as to the exercise of discretionby the fiduciary or agent in making health care decisions for the maker.
B. No provision in the original document sought to be incorporated byreference under this section is enforceable if it contradicts or isinconsistent with a provision of the incorporating will, power of attorney ortrust instrument, including if it alters the possession or enjoyment of trustproperty or the income therefrom as directed in the trust instrument.
C. This section shall not prevent the incorporation by reference of anywriting into any other writing that would otherwise be effective under §64.1-45.1 or under any other law of incorporation by reference.
D. The maker shall sign and have notarized the documents referenced insubsection A and may prepare the documents before or after the execution ofthe will, power of attorney or trust instrument.
§ 64.1-45.2. Incorporation by reference; letter of instruction or memoranduminto a will, power of attorney or trust instrument.
A. The following original documents may be incorporated by reference into awill, power of attorney or trust instrument:
1. A letter or memorandum to the fiduciary or agent as to the interpretationof discretionary powers of distribution where the will, power of attorney ortrust instrument provides the fiduciary or agent the power to makedistributions to beneficiaries in the discretion of the fiduciary or agent;and
2. A letter or memorandum stating the views or directions of the maker of thewill, power of attorney or trust instrument as to the exercise of discretionby the fiduciary or agent in making health care decisions for the maker.
B. No provision in the original document sought to be incorporated byreference under this section is enforceable if it contradicts or isinconsistent with a provision of the incorporating will, power of attorney ortrust instrument, including if it alters the possession or enjoyment of trustproperty or the income therefrom as directed in the trust instrument.
C. This section shall not prevent the incorporation by reference of anywriting into any other writing that would otherwise be effective under §64.1-45.1 or under any other law of incorporation by reference.
D. The maker shall sign and have notarized the documents referenced insubsection A and may prepare the documents before or after the execution ofthe will, power of attorney or trust instrument.
§ 64.1-45.2. Incorporation by reference; letter of instruction or memoranduminto a will, power of attorney or trust instrument.
A. The following original documents may be incorporated by reference into awill, power of attorney or trust instrument:
1. A letter or memorandum to the fiduciary or agent as to the interpretationof discretionary powers of distribution where the will, power of attorney ortrust instrument provides the fiduciary or agent the power to makedistributions to beneficiaries in the discretion of the fiduciary or agent;and
2. A letter or memorandum stating the views or directions of the maker of thewill, power of attorney or trust instrument as to the exercise of discretionby the fiduciary or agent in making health care decisions for the maker.
B. No provision in the original document sought to be incorporated byreference under this section is enforceable if it contradicts or isinconsistent with a provision of the incorporating will, power of attorney ortrust instrument, including if it alters the possession or enjoyment of trustproperty or the income therefrom as directed in the trust instrument.
C. This section shall not prevent the incorporation by reference of anywriting into any other writing that would otherwise be effective under §64.1-45.1 or under any other law of incorporation by reference.
D. The maker shall sign and have notarized the documents referenced insubsection A and may prepare the documents before or after the execution ofthe will, power of attorney or trust instrument.
