VA SB540

Creates a new section (§ 64.2-724.1) in the Virginia Code establishing presumptions for undue influence in trust validity contests

When a presumption of undue influence arises in trust litigation, the finder of fact must presume undue influence was exerted over the decedent

The presumption can be overcome only if the finder of fact determines, based on all trial evidence, that the decedent actually intended the property transfer as indicated in the contested trust document

Applies to trusts created under Article 1 (§ 64.2-700 et seq.) of Virginia's trust code