In the state of West Virginia, a Last Will and Testament is a legal document that allows a person to distribute their property in the event of their death. The document must be in writing, and it must be signed by the person making the will (the testator). The will can be made at any time, but it must be in effect at the time of the testator's death. A will can be revoked at any time by the testator, as long as the revocation is in writing and signed by the testator. A will can also be amended at any time, as long as the amendment is in writing and signed by the testator. A will can be challenged in court by any person who believes that they are entitled to a portion of the testator's property. If the will is found to be invalid, the property will be distributed according to West Virginia law.
West Virginia Last Will Facts
West Virginia regulations are there to promise that crafting your testament is a legit and trouble-free process. In this way, you are promised that your will is statutory. What provisos does West Virginia need to draft a final will? The first requirement is that the West Virginia testament should be created willingly. If it is established the final will and testament was created with the help of intimidation, it might be refuted and found null and void. Furthermore, the mental faculties of the testator must be definite. In case you are immensely agitated or under medication, you must not formulate your will. Thirdly, the individual preparing the final will should have recognition of the need for the process. It is a testament that the testator is purposeful in accomplishing the preparation. To be clear, the declaration is inserted at the uppermost part of the final will and testament. Other points to bear in mind when creating a West Virginia testament are:
Age of testator - 18 and older (§41-1-1. Who may make a will and as to what property §41-1-2. Who may not make a will).
Age of witnesses - 18 and older (§41-1-3. Must be in writing; witnesses).
Types of will allowed - self-proving wills (§41-5-15. Proof of will while testator living); handwritten and holographic wills (if witnessed properly; §41-1-3. Must be in writing; witnesses; §41-1-3. Must be in writing; witnesses §41-1-5. Wills of the personal estate by soldiers, sailors or nonresidents).
Types of will not allowed - oral wills (§41-1-3. Must be in writing; witnesses §41-1-5. Wills of the personal estate by soldiers, sailors, or nonresidents).
What If I Die Without a Will in West Virginia?
Irrespective of the importance of a final will, folks disregard the proposal and breathe their last without one. A state of intestacy implies a situation where an individual expires without an authentic final will. When someone ceases to exist minus the last will, their belongings are divided consistently with the intestacy specifications of their specific state. The local probate court will then name an executor for the inheritance and handle the division of the assets. Essentially, the deceased wealth sharing hinges on regardless of whether they are married or unmarried, and their heirs.
As a married individual who passes away intestate in West Virginia, which doesn’t rate as a community property state, the available partner acquires all the intestate valuables. Subsequently, the existent marriage partner becomes the owner of the entire intestate effects. This is relevant too in case your relationship had kids. Presuming you got kids but the spouse is dead? By chance your significant other died leaving behind children, the legacy is handed over to them. When no offspring or wife/husband exists, the parents are the designated successors. Your brother and sisters, nieces, and nephews will come by your valuables in the event you have no surviving descendants, parents, or better half. Ultimately, the aunts, uncles, grandmothers and grandfathers, and other relatives are regarded.
In circumstances where there is no individual to stake a claim to the valuables (including children, spouses, and relatives), they become state property.
What Should My Will Include?
After being informed of the advantages and requisites of West Virginia's final wills and testaments, we next reflect upon the critical features of the last will and testament. As the testator, the following details should be in the final will and testament:
In the event you employ the West Virginia testament template, the intent is actually noted on it. Cite your marital state and how many offspring your union produced.
No testament is official unless the beneficiaries and their part of the inheritance are part of the document. Write the name of every heir, and where they live, and what they’ll get.
Appointment of Executor
Another important action is selecting the executor of the final will and testament. This figure is also called a personal representative and their responsibility is to ensure the last will is adhered to expressly. Given the critical duty of the trustee, a reliable person should get this position. The only regulation is that they cannot be successors to the estate.
Appointment of Guardians
In case you have older parents, pets, or kids, choosing a caretaker is a smart deed. The executor will safeguard their interests. Sometimes issues arise and the primary guardian cannot implement their obligations and a proxy is chosen.
The private information and home address of the witnesses are necessary. And note their legal names and addresses where needful.
The final will should state the day’s date and location of signing. You and the witnesses must put their signatures on the date.
Among other issues that a West Virginia last will and testament can cover are interment decrees, selected digital executor, and any testator desires. Essentially, acquiring a legitimate will is a great way to ensure your inheritance is shared just the way you wanted.