§ 64.1-165.1. Construction of direction to pay all taxes imposed on accountof testator's death.

A. A general direction in a will, trust instrument or other document to payall taxes imposed on account of a testator's or settlor's death or similarlanguage shall not be construed to include the following taxes unless thetestator or settlor expressly manifests an intention that such taxes be paidout of his estate, trust or other property by reference to the particularchapter, title or section of the Internal Revenue Code providing for suchtaxes or otherwise:

1. Additional tax imposed upon disposition or cessation of qualified use bythe qualified heir with respect to qualified use property under § 2032 A;

2. Taxes on general power of appointment property includable in the estate ofthe testator or settlor under § 2041;

3. Taxes on qualified terminable interest property includable in the estateof the testator or settlor under § 2044;

4. Taxes payable under § 2056 A, upon a taxable event with respect to aqualified domestic trust as defined in that section;

5. Any generation skipping transfer tax under Chapter 13 except direct skipsoccurring at death for estates of decedents dying on or after July 1, 1994;

6. Taxes payable under § 4980 A, on excess retirement accumulation.

B. Unless a contrary intention is manifest, such taxes shall be apportionedand charged to each item of funds or property generating them in the mannerprovided in this article.

C. The reference herein to any section or chapter is to the Internal RevenueCode of 1986, as amended, and shall be deemed to refer to any correspondingsuccessor sections, chapters or Code.

(1994, c. 917.)