Will Laws
West Virginia
Will Laws
West Virginia
Overview
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section
41-1-1, et seq.
Operative Facts
- Must be at least 18 years old
- must be made in writing
- executed by declarant or at his direction
- document must be dated
- in presence of 2 witnesses
- must be signed in front of notary public
- suggested form: ยง16-30-3(e)
Age of Testator
18 years or older and of sound mind
Number of Witnesses Required
Two witnesses present at same time when will is signed or acknowledged by testator must sign in presence of testator and each other.
Oral Will Recognition
Soldiers in actual military service and mariners or seamen at sea may dispose of personal estate as he would at common law.