§ 64.1-157.1. Nonexoneration; payment of lien if granted by agent.
A. Unless a contrary intent is clearly set out in the will, a specific deviseor bequest of real or personal property passes, subject to any mortgage,pledge, security interest, or other lien existing at the date of death of thetestator, without the right of exoneration. A general directive in the willto pay debts shall not be evidence of a contrary intent that the mortgage,pledge, security interest or other lien be exonerated prior to passing to thelegatee.
B. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of death of the testator against anyspecifically devised or bequeathed real or personal property that was grantedby an agent acting within the authority of a durable power of attorney forthe testator while the testator was incapacitated. For the purposes of thissection, (i) no adjudication of the testator's incapacity is necessary, (ii)the acts of an agent within the authority of a durable power of attorney arerebuttably presumed to be for an incapacitated testator, and (iii) anincapacitated person is one who is impaired by reason of mental illness,mental deficiency, physical illness or disability, chronic use of drugs,chronic intoxication or other cause creating a lack of sufficientunderstanding or capacity to make or communicate responsible decisions. Thissubsection shall not apply (a) if the mortgage, pledge, security interest orother lien granted by the agent on the specific property is thereafterratified by the testator while he is not incapacitated, or (b) if the durablepower of attorney was limited to one or more specific purposes and was notgeneral in nature.
C. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of the death of the testator against anyspecific devise or bequest of any real or personal property that was grantedby a conservator, guardian or committee of the testator. This subsectionshall not apply if, after the mortgage, pledge, security interest or otherlien granted by the conservator, guardian or committee, there is anadjudication that the testator's disability has ceased and the testatorsurvives that adjudication by at least one year.
§ 64.1-157.1. Nonexoneration; payment of lien if granted by agent.
A. Unless a contrary intent is clearly set out in the will, a specific deviseor bequest of real or personal property passes, subject to any mortgage,pledge, security interest, or other lien existing at the date of death of thetestator, without the right of exoneration. A general directive in the willto pay debts shall not be evidence of a contrary intent that the mortgage,pledge, security interest or other lien be exonerated prior to passing to thelegatee.
B. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of death of the testator against anyspecifically devised or bequeathed real or personal property that was grantedby an agent acting within the authority of a durable power of attorney forthe testator while the testator was incapacitated. For the purposes of thissection, (i) no adjudication of the testator's incapacity is necessary, (ii)the acts of an agent within the authority of a durable power of attorney arerebuttably presumed to be for an incapacitated testator, and (iii) anincapacitated person is one who is impaired by reason of mental illness,mental deficiency, physical illness or disability, chronic use of drugs,chronic intoxication or other cause creating a lack of sufficientunderstanding or capacity to make or communicate responsible decisions. Thissubsection shall not apply (a) if the mortgage, pledge, security interest orother lien granted by the agent on the specific property is thereafterratified by the testator while he is not incapacitated, or (b) if the durablepower of attorney was limited to one or more specific purposes and was notgeneral in nature.
C. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of the death of the testator against anyspecific devise or bequest of any real or personal property that was grantedby a conservator, guardian or committee of the testator. This subsectionshall not apply if, after the mortgage, pledge, security interest or otherlien granted by the conservator, guardian or committee, there is anadjudication that the testator's disability has ceased and the testatorsurvives that adjudication by at least one year.
§ 64.1-157.1. Nonexoneration; payment of lien if granted by agent.
A. Unless a contrary intent is clearly set out in the will, a specific deviseor bequest of real or personal property passes, subject to any mortgage,pledge, security interest, or other lien existing at the date of death of thetestator, without the right of exoneration. A general directive in the willto pay debts shall not be evidence of a contrary intent that the mortgage,pledge, security interest or other lien be exonerated prior to passing to thelegatee.
B. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of death of the testator against anyspecifically devised or bequeathed real or personal property that was grantedby an agent acting within the authority of a durable power of attorney forthe testator while the testator was incapacitated. For the purposes of thissection, (i) no adjudication of the testator's incapacity is necessary, (ii)the acts of an agent within the authority of a durable power of attorney arerebuttably presumed to be for an incapacitated testator, and (iii) anincapacitated person is one who is impaired by reason of mental illness,mental deficiency, physical illness or disability, chronic use of drugs,chronic intoxication or other cause creating a lack of sufficientunderstanding or capacity to make or communicate responsible decisions. Thissubsection shall not apply (a) if the mortgage, pledge, security interest orother lien granted by the agent on the specific property is thereafterratified by the testator while he is not incapacitated, or (b) if the durablepower of attorney was limited to one or more specific purposes and was notgeneral in nature.
C. Subsection A shall not apply to any mortgage, pledge, security interest orother lien existing at the date of the death of the testator against anyspecific devise or bequest of any real or personal property that was grantedby a conservator, guardian or committee of the testator. This subsectionshall not apply if, after the mortgage, pledge, security interest or otherlien granted by the conservator, guardian or committee, there is anadjudication that the testator's disability has ceased and the testatorsurvives that adjudication by at least one year.
