SB 540 Virginia Senate · 2026 Regular Session

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

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 8, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Courts of Justice Substitute Chaptered · 3 edits
MINOR
The bill transitions a House substitute version of a law into its final, enacted chapter form. The substantive legal text regarding the presumption of undue influence in trust contests remains identical, meaning the core policy and legal standards have not changed, only the document's status and formatting.
Scope change
The bill's scope of applicability is unchanged; it continues to apply to actions contesting the validity of trusts created under Virginia law.
TECHNICAL

The document status changed from a 'House Substitute' proposal to an 'Enacted Chapter' (Chapter 506) approved by the General Assembly.

Added standard legislative header formatting, including the session title, chapter number, and approval date.

Removed draft-specific metadata such as bill numbers, committee attribution, and patron names.

Floor votes · Senate Feb 13, 2026 · House of Delegates Mar 4, 2026

How they voted

350
Passed · 4 other
Total votes 39
Feb 13, 2026
D Democratic20
19 Yea 1
95% Yea
R Republican19
16 Yea 3
84% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
9
Committee
5
Apr 8, 2026
Signed into law
Approved by Governor-Chapter 506 (effective 7/1/2026)
executive
Mar 12, 2026
Upper · Passed
Signed by President
upper
Mar 12, 2026
Lower · Passed
Signed by Speaker
lower
Mar 12, 2026
Upper · Passed
Bill text as passed Senate and House (SB540ER)
upper
Mar 4, 2026
Lower · Passed
Passed House with substitute (67-Y 30-N 0-A)
lower
Mar 2, 2026
Lower · Passed
Reported from Courts of Justice with substitute (15-Y 7-N)
lower
Feb 19, 2026
Committee
Assigned HCJ sub: Civil
lower
Feb 19, 2026
Committee
Referred to Committee for Courts of Justice
lower
Feb 16, 2026
Upper · Passed
Read third time and passed Senate Block Vote (39-Y 0-N 0-A)
upper
Feb 13, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 11, 2026
Upper · Passed
Reported from Courts of Justice (15-Y 0-N)
upper
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mark Obenshain
Mark Obenshain
RRepublican
VA
2