The procedure in such suit and the investment of the proceeds of sale shall be in accordance with §§ 8.01-73, 8.01- 75 and 8.01-76, so far as the same can be made applicable, and the court may, in its discretion, commute the life estate according to § 55.1-500. In the case of a lease, however, the rents may be made payable direct to the person or persons entitled thereto, for the time being.
§ 8.01-95.Procedure in such case.
Chapter 3. Actions · Article 10. Sale, Lease, or Exchange of Certain Estates in Property · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-95 applies the procedure and proceeds-investment rules of §§ 8.01-73, 8.01-75, and 8.01-76 to suits under § 8.01-94, permits the court to commute a life estate, and allows lease rents to be paid directly to the people currently entitled to them.
Full Text of § 8.01-95
Plain-English Summary
This section supplies the procedural machinery for a suit brought under § 8.01-94, borrowing it rather than restating it. So far as they can be made to apply, the guardian ad litem requirement of § 8.01-73, the restriction on fiduciaries and guardians ad litem purchasing property of § 8.01-75, and the investment-of-proceeds rules of § 8.01-76 all govern a § 8.01-94 suit the same way they govern an Article 8 sale, lease, or exchange suit.
The court also has discretion to commute the life estate under § 55.1-500, converting the life tenant’s interest into a present sum rather than an ongoing stream of value. And where the relief granted is a lease rather than a sale, the rents can be made payable directly to whoever is currently entitled to them, rather than being routed through the court’s investment machinery the way sale proceeds are.
Frequently Asked Questions
Where does the procedure for a § 8.01-94 suit come from?
It borrows from Article 8: §§ 8.01-73, 8.01-75, and 8.01-76 govern the guardian ad litem requirement, the restriction on fiduciaries and guardians ad litem as purchasers, and the investment of proceeds, so far as those provisions can be made to apply.
Can the court convert a life estate into a lump sum?
Yes. Section 8.01-95 gives the court discretion to commute the life estate according to § 55.1-500.
How are lease rents handled differently from sale proceeds?
In the case of a lease, the rents may be made payable directly to the person or persons currently entitled to them, rather than being invested under the court’s supervision the way sale proceeds are under § 8.01-76.
Does the guardian ad litem requirement from Article 8 apply to a § 8.01-94 suit?
Yes, so far as it can be made applicable — § 8.01-95 imports § 8.01-73’s guardian ad litem requirement into these proceedings.
Can a fiduciary or guardian ad litem purchase property sold under § 8.01-94?
The same restriction that applies to Article 8 sales applies here, since § 8.01-95 imports § 8.01-75’s prohibition so far as it can be made applicable.
Amendment History
Code 1950, § 8-703.2; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: procedure for selling remainder interest virginia8.01-95 virginiacommuting life estate virginialease rents paid directly virginia life tenant