VirginiaSB5402026 Regular SessionSenate

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

Sponsored By: Mark D. Obenshain (Republican)

Became Law

Summary

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.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Trust challenges presume undue influence

The law sets a rule for lawsuits that challenge a Virginia trust or trust document. In these cases, the judge or jury must start by presuming the decedent was under undue influence. That presumption stays unless, after all trial evidence, the judge or jury finds the decedent meant the transfer shown in the document. This applies to trusts made under Virginia’s main trust law and works alongside other trust rules.

Sponsors & Cosponsors

Sponsor

  • Mark D. Obenshain

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 257 • No: 41

Senate vote 3/6/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote 3/4/2026

Passed House with substitute

Yes: 67 • No: 30

House vote 3/2/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

House vote 2/23/2026

Subcommittee recommends reporting with substitute

Yes: 6 • No: 4

Senate vote 2/16/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 2/16/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote 2/11/2026

Reported from Courts of Justice

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0506)

    4/8/2026Governor
  2. Approved by Governor-Chapter 506 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Bill text as passed Senate and House (SB540ER)

    3/12/2026Senate
  6. Enrolled

    3/12/2026Senate
  7. Signed by President

    3/12/2026Senate
  8. Signed by Speaker

    3/12/2026House
  9. House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  10. Passed House with substitute (67-Y 30-N 0-A)

    3/4/2026House
  11. Engrossed by House - committee substitute

    3/4/2026House
  12. committee substitute agreed to

    3/4/2026House
  13. Read third time

    3/4/2026House
  14. Read second time

    3/3/2026House
  15. Committee substitute printed 26108465D-H1

    3/2/2026House
  16. Reported from Courts of Justice with substitute (15-Y 7-N)

    3/2/2026House
  17. Subcommittee recommends reporting with substitute (6-Y 4-N)

    2/23/2026House
  18. Assigned HCJ sub: Civil

    2/19/2026House
  19. Referred to Committee for Courts of Justice

    2/19/2026House
  20. Read first time

    2/19/2026House
  21. Placed on Calendar

    2/19/2026House
  22. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    2/16/2026Senate
  23. Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

    2/16/2026Senate
  24. Engrossed by Senate Block Vote (Voice Vote)

    2/16/2026Senate
  25. Blank Action

    2/16/2026Senate

Bill Text

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