SB540Introduced in the Senate
Undue influence; presumptions in actions contesting validity of a trust or trust instrument.
Introduced by Mark Obenshain, District 2
What does this bill do?
Plain-English breakdown
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Official description
Undue influence; presumption in actions contesting validity of certain document or instrument. Provides that, in an action contesting the validity of a document or instrument that conveys or transfers real or personal property upon the death of the owner of such real or personal property, such as a trust or trust instrument, a payment on death account, or a transfer on death deed, 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.
Where it stands
Acts of Assembly Chapter text (CHAP0506)
April 8, 2026
How did lawmakers vote?
House of Delegates votes
3 recorded votes · each counted separately
Senate votes
5 recorded votes · each counted separately
SenateStage: House substitute agreed to by Senate (40-Y 0-N 0-A) · March 6, 2026
40
Yes
0
No
0
Absent or Not Voting
40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.
See how each senator voted
| Senator | District | Vote |
|---|---|---|
| Elizabeth Bennett-Parker | 5 | Yes |
| Michael Jones | 77 | Yes |
| Timmy French | 1 | Yes |
| Mark Obenshain | 2 | Yes |
| Chris Head | 3 | Yes |
| David Suetterlein | 4 | Yes |
| Travis Hackworth | 5 | Yes |
| Todd Pillion | 6 | Yes |
| William Stanley | 7 | Yes |
| Mark Peake | 8 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26101600D
Referred to Committee for Courts of Justice
Reported from Courts of Justice (15-Y 0-N)
Rules suspended
Constitutional reading dispensed Block Vote (on 1st reading) (36-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Read second time
Engrossed by Senate Block Vote (Voice Vote)
Rules suspended
Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)
Read third time and passed Senate Block Vote (39-Y 0-N 0-A)
Blank Action
Placed on Calendar
Read first time
Referred to Committee for Courts of Justice
Assigned HCJ sub: Civil
Subcommittee recommends reporting with substitute (6-Y 4-N)
Reported from Courts of Justice with substitute (15-Y 7-N)
Committee substitute printed 26108465D-H1
Read second time
Read third time
committee substitute agreed to
Engrossed by House - committee substitute
Passed House with substitute (67-Y 30-N 0-A)
House substitute agreed to by Senate (40-Y 0-N 0-A)
Enrolled
Bill text as passed Senate and House (SB540ER)
Signed by Speaker
Signed by President
Enrolled Bill communicated to Governor on March 14, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Approved by Governor-Chapter 506 (effective 7/1/2026)
Acts of Assembly Chapter text (CHAP0506)
Verify the information
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