A last will and testament (a will) is the foundation of a good estate plan. In it, you specify how you want your assets to be distributed after your death. You may also choose guardians for your minor children and pets through your will.

A living will, on the other hand, does not distribute property and is not valid after your death. A living will is a legal document that you use to specify your health care wishes in the event that you ever became incapacitated. Your health care providers then use this document to make medical decisions for you if you cannot make those decisions for yourself. A living will can sometimes be called an advance health care directive.

In West Virginia, your spouse is entitled to what is called an elective share of your estate. This means that they are entitled to take a certain percentage of your estate. The percentage that they can take depends on the length of the marriage. For more information about elective share percentages by the length of the marriage, see West Virginia laws.

If you get divorced after signing your will, it may affect your will designations. Any provisions leaving property to your spouse are revoked by divorce according to West Virginia law. If you named your spouse as the executor of your will, this provision is also revoked by the divorce. If you were to remarry your spouse, then the provisions are made valid once again.

No, there is no legal requirement to notarize your will in West Virginia. But if you would like to have a self-proving will, you will need a notary public. When a will is self-proving, it means that your witnesses will not have to testify in probate court that your will is valid. To make your will self-proving, you will need to ask your witnesses to swear to a self-proving affidavit in front of a notary public. This extra step will save your witnesses from the stress of testifying in court. It may even speed up the administration of your estate.

West Virginia recognizes fully handwritten, unwitnessed wills. A fully handwritten will is known as a holographic will. However, a handwritten will should only be used as a last resort. There may be difficulty in interpreting handwriting and courts may be hesitant to honor unclear wills. They might need to call witnesses who can testify that the will was made by the testator.

Another disadvantage of a handwritten will is that it can be difficult to make legible changes. When things are crossed out and there are notes in the margins, it may make a will even more difficult to interpret. A better plan is to sign a printed will in front of competent witnesses. If you use our will creation services, you can get a will quickly and easily from your home computer. You don’t even have to make an appointment with an attorney.

You can make changes to your will by either writing an amendment (known as a “codicil“) or by drafting a new will. A codicil is sufficient for minor changes to your will. But if you have experienced major changes in your family structure or life events, it is a good idea to write a new will. If you use our will creation service, you can make changes to your will for a year after purchase.

In West Virginia, you can revoke your will using one of the following methods:

• Create a new document that states your intention to revoke the will. You should follow the same signature procedures and witnessing formalities with this document as you did with your original will.
• Tear, burn, or otherwise destroy your will with the intention to revoke.
• Write a new will. Wills contain language that revokes all previous wills.

If you have distributed copies of your will, you should inform your loved ones that you have revoked your will. Then hand out copies of your new will if you created one.