SB 554 — Will contest; presumption of undue influence.
Last action — Approved by Governor-Chapter 265 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 08, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that 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 it to be his will.
Bill Text
What changed in the latest version
14 added · 18 removedPlain-language change summary
The bill SB 554 introduces a new section in Virginia's laws that establishes a presumption of undue influence in will contests. This means that when a will is challenged, if there's evidence suggesting someone may have improperly influenced the decedent, the law assumes that undue influence occurred unless proven otherwise. This change aims to better protect vulnerable individuals and ensure their true intentions are honored when it comes to their estates.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E265 An Act to amend the Code of Virginia by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1, relating to will contest;
R O [S 554] Approved LApril 8, 2022 Be it enacted by the General Assembly of Virginia:
L 1.
That the Code of Virginia is amended by adding in Article 5 of Chapter 4 of Title 64.2 a Esection sec§numbered 64.2-454.1.64.2-454.1 as follows:
§ 64.2-454.1.
D In any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that undue influence was exerted over the decedent unless, based will.lon all the evidence introduced at trial, the finder of fact finds that the decedent did intend it to be his Bwill. R
View plain text versions (4)
- CHAP0265 View text Current pdf April 08, 2022
- SB554ER View text pdf March 04, 2022
- Committee Substitute Committee substitute printed 22106571D-S1 pdf February 14, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101897D pdf January 12, 2022
Action History
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Approved by Governor-Chapter 265 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Passage (59-Y 41-N)
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Passed House (59-Y 41-N)
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Read third time
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Read second time
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Reported from Courts of Justice (14-Y 6-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned Courts sub: Subcommittee #2
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB554S1
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Committee substitute agreed to 22106571D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106571D-S1
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Reported from Judiciary with substitute (14-Y 1-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22101897D
Sponsors
- Mark D. Obenshain · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 41 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 41 | 0 | 0 |
| Total | 58 | 41 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 6 | 0 | 0 |
| Total | 14 | 6 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Nay |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Nay |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Nay |
| Marcus B. Simon | — | Nay |
| Patrick A. Hope | — | Nay |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Nay |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Not Voting |
| Bourne, Jeffrey M. | — | Nay |
| Campbell, Jeffrey L. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Marcus B. Simon | — | Nay |
| Patrick A. Hope | — | Nay |
| Terry G. Kilgore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 1 | 0 | 0 |
| Total | 14 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 554 do?
- Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the finder of fact shall presume that 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 it to be his will.
- Who sponsors SB 554?
- SB 554 is sponsored by Mark D. Obenshain.
- What is the current status of SB 554?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track SB 554?
- Track SB 554 free on One Click Politics — get push/email alerts when it moves.
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