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SB540 • 2026

Undue influence; presumptions in actions contesting validity of a trust or trust instrument.

An Act to amend the Code of Virginia by adding a section numbered 64.2-724.1, relating to undue influence; presumptions in actions contesting validity of a trust or trust instrument.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Obenshain
Last action
2026-04-08
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how judges should handle cases without clear evidence, nor does it explicitly state that the law helps people contest trusts more easily.

Rules About Trusts and Undue Influence

This law changes how courts decide if someone unfairly influenced a person when they made a trust, making it easier to prove undue influence.

What This Bill Does

  • Adds new rules about proving undue influence in trusts or trust documents.
  • Requires judges to assume that undue influence happened unless there's proof otherwise.
  • Applies these rules specifically to trusts and similar documents.

Who It Names or Affects

  • People involved in legal disputes over trusts or trust documents
  • Judges and courts dealing with these cases

Terms To Know

Undue influence
When someone unfairly pressures another person to do something against their will, like changing a trust document.
Trust instrument
A legal document that sets up or changes the terms of a trust.

Limits and Unknowns

  • The law does not specify how judges should handle cases where there is no clear evidence.
  • It only applies to trusts and similar documents, not other types of legal agreements.

Bill History

  1. 2026-04-08 Governor

    Approved by Governor-Chapter 506 (effective 7/1/2026)

  2. 2026-04-08 Governor

    Acts of Assembly Chapter text (CHAP0506)

  3. 2026-03-14 Senate

    Enrolled Bill communicated to Governor on March 14, 2026

  4. 2026-03-14 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  5. 2026-03-12 House

    Signed by Speaker

  6. 2026-03-12 Senate

    Signed by President

  7. 2026-03-12 Senate

    Enrolled

  8. 2026-03-12 Senate

    Bill text as passed Senate and House (SB540ER)

  9. 2026-03-06 Senate

    House substitute agreed to by Senate (40-Y 0-N 0-A)

  10. 2026-03-04 House

    Read third time

  11. 2026-03-04 House

    committee substitute agreed to

  12. 2026-03-04 House

    Engrossed by House - committee substitute

  13. 2026-03-04 House

    Passed House with substitute (67-Y 30-N 0-A)

  14. 2026-03-03 House

    Read second time

  15. 2026-03-02 Courts of Justice

    Reported from Courts of Justice with substitute (15-Y 7-N)

  16. 2026-03-02 Courts of Justice

    Committee substitute printed 26108465D-H1

  17. 2026-02-23 Civil

    Subcommittee recommends reporting with substitute (6-Y 4-N)

  18. 2026-02-19 House

    Placed on Calendar

  19. 2026-02-19 House

    Read first time

  20. 2026-02-19 Courts of Justice

    Referred to Committee for Courts of Justice

  21. 2026-02-19 Civil

    Assigned HCJ sub: Civil

  22. 2026-02-16 Senate

    Read second time

  23. 2026-02-16 Senate

    Rules suspended

  24. 2026-02-16 Senate

    Engrossed by Senate

  25. 2026-02-16 Senate

    Blank Action

  26. 2026-02-16 Senate

    Engrossed by Senate Block Vote (Voice Vote)

  27. 2026-02-16 Senate

    Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

  28. 2026-02-16 Senate

    Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

  29. 2026-02-13 Senate

    Rules suspended

  30. 2026-02-13 Senate

    Passed by for the day

  31. 2026-02-13 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (36-Y 0-N 0-A)

  32. 2026-02-13 Senate

    Passed by for the day Block Vote (Voice Vote)

  33. 2026-02-13 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (35-Y 0-N 0-A)

  34. 2026-02-13 Senate

    Passed by for the day Block Vote (Voice Vote)

  35. 2026-02-11 Courts of Justice

    Reported from Courts of Justice (15-Y 0-N)

  36. 2026-01-13 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26101600D

  37. 2026-01-13 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Undue influence; presumption in actions contesting validity of certain trust or instrument.
Provides that, in an action contesting the validity of a trust or trust instrument, where a presumption of undue influence arises, the fact finder shall presume that the undue influence was exerted over the decedent unless evidence leads the fact finder to determine that the decedent did intend for the real or personal property to be conveyed or transferred as indicated. Current law applies this presumption of undue influence only to actions contesting the validity of a will.

Current Bill Text

Read the full stored bill text
An Act to amend the Code of Virginia by adding a section numbered
64.2-724.1
, relating to undue influence; presumptions in actions contesting validity of a trust or trust instrument.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
64.2-724.1
as follows:
§
64.2-724.1
. Validity of trust or trust instrument; presumption of undue influence.
In addition to any other relevant provision of law, where a presumption of undue influence arises in any action contesting the validity of a trust or trust instrument created pursuant to the provisions of Article 1 (§
64.2-700
et seq.), the finder of fact shall presume that the 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 for such real or personal property to be conveyed or transferred as indicated in the contested document or instrument.