§ 64.1-106. Distribution of fund when presumption of death not applicable
If in any civil action wherein any estate or fund is to be distributed the interest of any person therein depends upon his having been alive at a particular time and it is not known and cannot be shown by the exercise of reasonable diligence whether such person was alive at that time and the case is one in which the legal presumption of death does not apply, the court may, if it sees no cause to the contrary, enter its decree distributing the estate or fund among those who would be entitled thereto if it were shown that such person above referred to were dead at such particular time. However, a proper refunding bond, which shall have surety thereon in such form as the court directs until such person is determined to be dead in accordance with § 64.1-105, shall be given, with condition to account for the estate or fund to any person who may establish title thereto adverse to that of such distributees, or to their successors in interest.
No motion shall be made hereunder except after reasonable notice to all parties upon whom service may be had. Nothing in this section shall be construed to affect in any way any requirement of law as to service or publication of process.
(Code 1950, § 64-102; 1968, c. 656; 1996, cc. 675, 684; 2005, c. 681; 2006, c. 351.)
Sections: Previous 64.1-105 64.1-105.1 64.1-106 64.1-106.1 64.1-107 64.1-108 64.1-109 64.1-110 64.1-111 64.1-112 64.1-113 64.1-114 64.1-115 NextLast modified: April 16, 2009