HD5 - Revision of Title 64 of the Code of Virginia

  • Published: 1968
  • Author: Virginia Code Commission
  • Enabling Authority: Chapter 315 (Regular Session, 1966)

Executive Summary:

The General Assembly at its Regular Session of 1966 directed the Virginia Code Commission, by Chapter 315 of the Acts of that Session, to revise certain titles of the Code of Virginia, including Title 64, relating to wills and decedents' estates.

Robert P. Joyner, Esquire, of the Richmond City Bar, was retained as Counsel to assist in the revision of this Title.

Counsel examined the provisions of this Title in detail and conferred with persons having special interest and knowledge in the field. The Code Commission met with Counsel on several occasions, and discussed in detail changes recommended by members of the Commission, by Counsel and by such persons.

As a result of its efforts, the Commission considered it desirable that there be a general renumeration of the sections, the deletion of certain obsolete sections, and the amendment of other sections. We are of the opinion that this can be better accomplished by the repeal of Title 64 and the enactment of Title 64.1 in lieu thereof.

Included in this Report is the Report of Counsel to the Commission on Title 64. Also, following each section of the draft of Title 64.1 are Counsel's notes identifying the source of the provisions of the section and commenting upon any changes therein. Furthermore, preceding the draft of Title 64.1 there is set forth a table of comparable sections, for the purpose of tracing each of the provisions of Title 64 into proposed Title 64.1. This table also indicates those sections of Title 64 which have been deleted. Those who are interested in the major features of the Revision should read the Report of Counsel and the notes following the several sections of Title 64.1, to which reference is hereby made.

RECOMMENDATIONS

The Code Commission submits this Report, and recommends that the Legislature enact the attached bills in 1968.

The Commission wishes to express appreciation for the valuable assistance rendered by Counsel in the preparation of this Revision, and for the cooperation of those interested persons who gave their time in conferring with Counsel.

Respectfully submitted,

James M. Thomson, Chairman
E. Almer Ames, Jr., Vice-Chairman
Fred W. Bateman
John Wingo Knowles
G. M. Lapsley
A. L. Philpott

Kenneth C. Patty, formerly a member of the Virginia Code Commission, died on March 27, 1967.