Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-145 Action for goods carried away, waste or damage to estate of decedent

§ 64.1-145. Action for goods carried away, waste or damage to estate of decedent

A. Any action at law for damages for the taking or carrying away of any goods, or for the waste, destruction of, or damage to any estate of or by the decedent, whether such damage be direct or indirect, may be maintained by or against the decedent's personal representative.

B. An action at law for damages, including future tax liability, to the grantor, his estate or his trust, resulting from legal malpractice concerning an irrevocable trust shall accrue upon completion of the representation in which the malpractice occurred. The action may be maintained pursuant to § 8.01-281 by the grantor, or by the grantor's personal representative or the trustee if such damages are incurred after the grantor's death. An action for damages pursuant to this section in which a written contract for legal services existed between the grantor and the defendant shall be brought within five years after the cause of action accrues. An action for damages pursuant to this section in which an unwritten contract for legal services existed between the grantor and the defendant shall be brought within three years after the cause of action accrues. Notwithstanding this section, no such action shall be based upon damages that may reasonably be avoided or that result from a change of law subsequent to the representation upon which the action is based.

C. Any action pursuant to this section shall survive pursuant to § 8.01-25.

(Code 1950, § 64-135; 1968, c. 656; 1977, c. 624; 2004, c. 368.)

Sections:  Previous  64.1-138  64.1-139  64.1-140  64.1-141  64.1-142  64.1-143  64.1-144  64.1-145  64.1-146  64.1-147  64.1-148  64.1-149  64.1-150  64.1-151  64.1-151.1  Next

Last modified: April 16, 2009