Annual Survey 2017 | University of Richmond Law Review

Preface

Brian M. Melnyk, Annual Survey Editor

The University of Richmond Law Review is proud to present the thirty-second issue of the Annual Survey of Virginia Law. The Law Review published the first issue of the Annual Survey in 1985 to provide a resource detailing legislative, judicial, and administrative changes to practitioners and students in the Commonwealth of Virginia. Our mission remains the same today. Now, the Annual Survey is the most widely read publication of the University of Richmond Law Review, reaching lawyers, judges, and legislators in every corner of the Old Dominion. With this in mind, we selected articles and essays we think are invaluable for keeping our readership abreast of the most important updates to Virginia law.

Civil Practice And Procedure

Christopher S. Dadak *

This article serves (hopefully) as a practical update on recent changes in Virginia civil practice and procedure. It does not attempt to capture every such change, but the goal is to present the significant points from Supreme Court of Virginia decisions as well as amendments to the Rules of the Supreme Court of Virginia and relevant statutes. Some of the discussion also focuses on certain procedural issues that may not have significantly changed but that a practitioner likely will not face often and could otherwise be a fatal trap for the unwary.

* Associate, Guynn & Waddell, P.C., Salem, Virginia. J.D., 2012, University of Richmond School of Law; B.A., 2008, Washington and Lee University. The author thanks the editors and staff for their hard work on this article and volume, both specifically dedicated to updates in Virginia law. The work of “spading” articles certainly is tedious and tiresome, but it is critical to ensure the accuracy (and integrity) of scholarship, and its value should not be overlooked.

Criminal Law And Procedure

Aaron J. Campbell *

This article aims to give a succinct review of notable criminal law and procedure cases decided by the Supreme Court of Virginia and the Court of Appeals of Virginia during the past year. Instead of covering every ruling or rationale in these cases, the article focuses on the “take-away” of the holdings with the most precedential value. The article also summarizes noteworthy changes to criminal law and procedure enacted by the 2017 Virginia General Assembly.

* Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia. J.D., 2009, University of Richmond School of Law; B.A., 2002, Concord University.

Family Law

Allison Anna Tait *

Another year of family law activity in Virginia brought both new legislation, which will likely have long-term impacts, as well as a new set of judicial opinions that will bring changes to the Virginia rules. The terrain covered in the legislation and opinions varies, but it includes certain fixtures such as marriage and divorce requirements, equitable distribution, spousal and child support, and child custody. This brief overview addresses all these areas, beginning with the legislative changes and then moving to the courts.

* Assistant Professor, University of Richmond School of Law. Thanks to the University of Richmond Law Review and Brian Melnyk for inviting me to write this overview and to the staff for their excellent editorial work.

Taxation

Craig D. Bell *

Emily J.S. Winbigler **

This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Each section covers legislative activity, judicial decisions, and selected opinions or pronouncements from the Virginia Tax Department (the “Tax Department”) and the Virginia Attorney General over the past year.

* Partner, McGuireWoods LLP, Richmond, Virginia. LL.M., 1986, Marshall-Wythe School of Law, College of William & Mary; J.D., 1983, State University of New York at Buffalo; M.B.A., 1980, Syracuse University; B.S., 1979, Syracuse University. Mr. Bell is the immediate past chair of McGuireWoods Tax and Employee Benefits Department, and practices primarily in the areas of state and local taxation, and civil and criminal tax litigation. He is a Fellow of the American College of Tax Counsel, a Fellow of the Virginia Law Foundation, a Fellow of the American Bar Foundation, a Master of the J. Edgar Murdock Inn of Court (United States Tax Court), an adjunct professor of tax law at the College of William & Mary School of Law, and a past chair of both the Tax and Military Law sections of the Virginia State Bar and the Tax Section of the Virginia Bar Association. Mr. Bell is an emeritus director of The Community Tax Law Project, a nonprofit pro bono provider of tax law services for the working poor, and is its recipient of the Lifetime Pro Bono Achievement Award for his pro bono work in representing hundreds of Virginians before the IRS and in United States Tax Court and federal district court, as well as developing and training many lawyers in the area of federal tax law to expand pro bono tax representation for low-income taxpayers.

** Associate, McGuireWoods LLP, Richmond, Virginia. J.D., 2009, University of Iowa, Order of the Coif; B.A., 2004, College of William & Mary.

Wills, Trusts, And Estates

J. William Gray, Jr. *

Katherine E. Ramsey **

The Supreme Court of Virginia has handed down seven recent decisions addressing the authority of an agent to change the principal’s estate plan, legal malpractice claims in estate planning, rights of incapacitated adults, limits of the constructive trust doctrine, effects of a reversionary clause in a deed, ownership of an engagement ring, and proof of undue influence. The 2017 Virginia General Assembly clarified rules on legal malpractice and tenancies by the entireties, adopted the Uniform Trust Decanting Act and the Uniform Fiduciary Access to Digital Assets Act, and expanded provisions governing estate administration, life insurance, and advance medical directives. Other legislation affecting wills, trusts, and estates included clarifications and technical corrections relating to augmented estate claims, non-exoneration of encumbered property, administration procedures, life insurance, adult financial exploitation, death certificate amendments, and spousal exemptions from real estate tax.

* Partner, McGuireWoods LLP, Richmond, Virginia. J.D., 1977, University of Virginia; B.S.I.E., B.A., 1973, Rutgers University.

** Partner, Virginia Estate & Trust Law PLC, Richmond, Virginia. J.D., 1998, University of Virginia; M.S., 1988, Boston University; B.A., 1986, Virginia Polytechnic Institute and State University.