Virginia Code
Va. Code Ann. § 64.2-2502 (2026)
Property passing by will or intestate succession; surviving spouse
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A. The slayer shall be deemed to have predeceased the decedent as to property that would have passed from the estate of the decedent to the slayer by intestate succession or that the slayer would have acquired by statutory right as the decedent's surviving spouse. An heir or distributee who establishes his kinship to the decedent by way of his kinship to a slayer shall be deemed to be claiming from the decedent and not through the slayer.
B. The slayer shall be deemed to have predeceased the decedent as to property that would have passed to the slayer by the will of the decedent; however, the antilapse provisions of § 64.2-418 are applicable to such property.
1981, c. 469, §§ 55-403, 55-404; 1990, c. 831; 2008, cc. 822, 830; 2012, c. 614.
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: Osman v. Osman, 737 S.E.2d 876 (Va. 2013).
Osman v. Osman, 737 S.E.2d 876 (Va. 2013). “See Code § 55-403; see also Code § 64.2-2502. She would also effectively forfeit any property she owned as a 19 tenant by the entirety or with right of survivorship with the husband.”
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