Courtenay Schwartz *

* Virginia-based attorney working with the Project for the Empowerment of Survivors at the Virginia Sexual and Domestic Violence Action Alliance (the “Action Alliance”).

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by mandating a certain number of visits from a guardian or other appropriate person and creating processes to protect those under guardianship from financial or other forms of abuse. Other legislation expands available methods for funeral service providers to recoup costs and addresses spousal liability for medical expenses.

In terms of judicial activity, while the Supreme Court of Virginia and the Court of Appeals of Virginia did not hand down many reported decisions relating to wills and trusts this year, the reported and unreported opinions provided by the courts offer helpful reminders regarding the importance of clear, unambiguous drafting. Moreover, these cases help highlight the potential downsides to using boilerplate and internet-purchased templates for an individual’s estate planning. And, aside from those practical reminders, the court of appeals continued to build on Virginia’s jurisprudence on no contest clauses and provisions, settling the question of whether good faith and probable cause exceptions are permitted under Virginia law.

Allison A. Tait *

Hunter M. Glenn **

* Professor of Law, University of Richmond School of Law, Richmond, Virginia. J.D., 2011, Yale Law School; Ph.D., Yale University; B.A., Bryn Mawr.

** Associate, McGuireWoods LLP, Charlottesville, Virginia. J.D., 2017, University of Richmond School of Law; B.A., 2013, Furman University.

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due to “the fiber-optic network in Northern Virginia, proximity to Washington, D.C., relatively low-cost energy and a concerted early effort on the part of Loudoun County.” Today, these massive concrete and metal structures dot the landscape of Northern Virginia, can be found on the outskirts of Richmond, and are beginning to migrate to more remote parts of the state. 

Coleman H. Cheeley *

* J.D. Candidate, 2024, University of Richmond School of Law.