The VBA Journal is the official publication of The Virginia Bar Association.
Issue link: http://vba.epubxp.com/i/815343
SPRING 2017 • 11 Jeffrey S. Palmore joined Reed Smith LLP in Richmond as an associate in 2013. Before that, he was director of policy development and deputy counselor to the governor of Virginia. He also served on the Virginia Code Commission from 2011-2013. Palmore became a VBA member in 2010 and serves on the Administrative Law Section Council. WILLS, TRUSTS & ESTATES SECTION Rule of Privity in Legal Malpractice Proceedings Responds to the Supreme Court of Virginia decision in orsen v. Richmond SPCA, and re-establishes the rule of privity between attorney and client for attorney malpractice claims for estate planning. Acts of Assembly Chapters 43 and 93. Decanting Adopts the Uniform Trust Decanting Act. Acts of Assembly Chapter 592. Nonexoneration Ensures that an executor of an estate is not held personally liable when a beneficiary fails to pay the debt owed on prop- erty transferred from the estate. Acts of Assembly Chapters 34 and 139. Self-Settled Trusts The House passed but the Senate Courts of Justice Committee defeated legislation that would have clarified that any entity authorized to act as a trustee, including law firms, can be a qualified trustee for a self-settled trust. Homestead Exemption Clarifies the application of the homestead exemption as it relates to an elective share following changes to the augmented estate laws in 2016. Acts of Assembly Chapters 32 and 82. is bill took effect Feb. 17, 2017. RUFADAA Adopts the Revised Uniform Fiduciary Access to Digital Assets Act regarding access to a deceased's digital assets such as computer files, web domains, and virtual currency. Acts of Assembly Chapters 33 and 80. COMMISSION ON THE NEEDS OF CHILDREN Grand Larceny reshold Legislation to increase the threshold for felony grand larceny from $200 to $500 was unsuccessful this session. BOYD-GRAVES CONFERENCE Life Insurance in Divorce Allows a court, following entry of a divorce decree or similar order, to require a former spouse to maintain a life insurance policy purchased during the marriage. Acts of Assembly Chapter 797. Copies of Electronic Medical Records Creates a fee structure for obtaining electronic medical rec- ords in the course of litigation. Acts of Assembly Chapter 457. Amending Complaint After Demurrer Ensures that the statute related to relying on a previous pleading, after filing an amended pleading after demurrer, is consistent with the case law on this subject. Acts of Assembly Chapter 755. Severing Tenancy by the Entirety Estates Requires both spouses to consent when ownership of property held as tenants by the entirety is severed by written instrument, in response to the Supreme Court of Virginia's ruling in Evans v. Evans. Acts of Assembly Chapter 38. Divorce for Overseas Federal Employees Adds civilian federal employees to the list of those who can qualify for residency and domiciliary requirements for divorce in Virginia while overseas. Acts of Assembly Chapter 480. Homeowner's Liability Policy Limit Disclosure Requires disclosure of policy limits of homeowner's in- surance and personal injury liability insurance in lawsuits for personal injuries sustained at the covered residence. Acts of Assembly Chapter 44. Document Subpoenas on Foreign Entities e legislature considered, but ultimately rejected, legis- lation that would have permitted Virginia courts to enforce a summons for a witness or subpoena duces tecum when served on a registered agent of a foreign business entity authorized to transact business in the commonwealth. is legislation was in response to the Supreme Court of Virginia's decision in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc. ■ e VBA will consider bill proposals for the 2018 session at Legislative Day, Sept. 27.