§ 64.1-145. Action for goods carried away, waste or damage to estate ofdecedent.
A. Any action at law for damages for the taking or carrying away of anygoods, or for the waste, destruction of, or damage to any estate of or by thedecedent, whether such damage be direct or indirect, may be maintained by oragainst the decedent's personal representative.
B. An action at law for damages, including future tax liability, to thegrantor, his estate or his trust, resulting from legal malpractice concerningan irrevocable trust shall accrue upon completion of the representation inwhich the malpractice occurred. The action may be maintained pursuant to §8.01-281 by the grantor, or by the grantor's personal representative or thetrustee if such damages are incurred after the grantor's death. An action fordamages pursuant to this section in which a written contract for legalservices existed between the grantor and the defendant shall be broughtwithin five years after the cause of action accrues. An action for damagespursuant to this section in which an unwritten contract for legal servicesexisted between the grantor and the defendant shall be brought within threeyears after the cause of action accrues. Notwithstanding this section, nosuch action shall be based upon damages that may reasonably be avoided orthat result from a change of law subsequent to the representation upon whichthe action is based.
C. Any action pursuant to this section shall survive pursuant to § 8.01-25.
(Code 1950, § 64-135; 1968, c. 656; 1977, c. 624; 2004, c. 368.)
§ 64.1-145. Action for goods carried away, waste or damage to estate ofdecedent.
A. Any action at law for damages for the taking or carrying away of anygoods, or for the waste, destruction of, or damage to any estate of or by thedecedent, whether such damage be direct or indirect, may be maintained by oragainst the decedent's personal representative.
B. An action at law for damages, including future tax liability, to thegrantor, his estate or his trust, resulting from legal malpractice concerningan irrevocable trust shall accrue upon completion of the representation inwhich the malpractice occurred. The action may be maintained pursuant to §8.01-281 by the grantor, or by the grantor's personal representative or thetrustee if such damages are incurred after the grantor's death. An action fordamages pursuant to this section in which a written contract for legalservices existed between the grantor and the defendant shall be broughtwithin five years after the cause of action accrues. An action for damagespursuant to this section in which an unwritten contract for legal servicesexisted between the grantor and the defendant shall be brought within threeyears after the cause of action accrues. Notwithstanding this section, nosuch action shall be based upon damages that may reasonably be avoided orthat result from a change of law subsequent to the representation upon whichthe action is based.
C. Any action pursuant to this section shall survive pursuant to § 8.01-25.
(Code 1950, § 64-135; 1968, c. 656; 1977, c. 624; 2004, c. 368.)
§ 64.1-145. Action for goods carried away, waste or damage to estate ofdecedent.
A. Any action at law for damages for the taking or carrying away of anygoods, or for the waste, destruction of, or damage to any estate of or by thedecedent, whether such damage be direct or indirect, may be maintained by oragainst the decedent's personal representative.
B. An action at law for damages, including future tax liability, to thegrantor, his estate or his trust, resulting from legal malpractice concerningan irrevocable trust shall accrue upon completion of the representation inwhich the malpractice occurred. The action may be maintained pursuant to §8.01-281 by the grantor, or by the grantor's personal representative or thetrustee if such damages are incurred after the grantor's death. An action fordamages pursuant to this section in which a written contract for legalservices existed between the grantor and the defendant shall be broughtwithin five years after the cause of action accrues. An action for damagespursuant to this section in which an unwritten contract for legal servicesexisted between the grantor and the defendant shall be brought within threeyears after the cause of action accrues. Notwithstanding this section, nosuch action shall be based upon damages that may reasonably be avoided orthat result from a change of law subsequent to the representation upon whichthe action is based.
C. Any action pursuant to this section shall survive pursuant to § 8.01-25.
(Code 1950, § 64-135; 1968, c. 656; 1977, c. 624; 2004, c. 368.)
