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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 6.1-332.1 of the Code of Virginia is amended and reenacted as follows:
§ 6.1-332.1. Limited access to safe-deposit box.
A. Upon the death of a sole lessee of a safe-deposit box, the company or bank
may permit a limited access to such the box by the spouse or next of kin of
such the deceased lessee or by a court clerk or other interested person
having an interest in locating any will of the decedent for the limited
purpose of looking for a will or other testamentary instruments. Such Access
shall be under the supervision of a designated officer or employee, and nothing shall be
removed from such the box except the will or testamentary instrument for
transmission to the appropriate clerk. If such the box be with co-lessees is
co-leased, the company or bank may permit entry into the box by the spouse or
next of kin or court clerk or other interested person having an interest in
locating any will of the decedent for the purpose of looking for testamentary
instruments and subject to the limitations above, upon proof satisfactory to it that
the then co-lessees are not reasonably available for access to such the box.
B. Upon the incapacity of a sole lessee of a safe-deposit box, the company or bank may permit limited access to such box by the spouse or next of kin of the incapacitated lessee or by a court clerk or other interested person for the limited purpose of looking for a power of attorney. Access shall be under the supervision of a designated officer or employee, and nothing shall be removed from the box except the power of attorney. If the box is co-leased, the company or bank may permit entry into the box by the spouse or next of kin or court clerk or other interested person for the limited purpose of looking for a power of attorney and subject to the limitations above, upon proof satisfactory to it that the then co-lessees are not reasonably available for access to the box.
C. The company or bank may require such proof of death or incapacity in the
form of a letter from a licensed physician, as it deems necessary, and shall
not be liable except for acting in bad faith or the permitting of the removal of
other items from such the safe-deposit box.