Login|Contact Us
Question and Answer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

What constitutes a legal will revision in West Virginia

 

Customer Question

What constitutes a legal will revision in West Virginia

 

Optional Information:
State/Country relating to question: West Virginia

Already Tried:
Contacting Lawyers in the area.

Submitted: 533 days and 1 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
Picture
Expert:  Law Pro replied 533 days and 1 hours ago.

Are you talking about a "codicil"?

A codicil is a document that amends, rather than replaces, a previously executed Will.

Amendments made by a codicil may add or revoke small provisions (e.g., changing executors), or may completely change the majority, or all, of the gifts under the will. Each codicil must conform to the same legal requirements as the original will, such as the signatures of the testator and, typically, two or three (depending on the jurisdiction) disinterested witnesses.

Customer replied 533 days ago.

Yes thats exactly what I was talking about. The new P.O.A. and executor and testator have signed. It has been signed by two witnesses and notarized.

Accepted Answer

Picture
Expert:  Law Pro replied 533 days ago.

That would then be a valid codicil or new Will - either or.

Basic Requirements of a West Virginia Last Will and Testament:

Age: The testator must be at least 18 years old.

Capacity: The testator must be of sound mind (capable of reasoning and making decisions).

Signature: A West Virginia last will and testament must be signed by the testator or by some other person under the testator's direction in the testator's presence.

Witnesses: At least 2 witnesses (who are not beneficiaries) are required for a valid west Virginia last will and testament by subscribing their names to the will while in the presence of the testator and at the testator's direction or request.

Writing: A west Virginia last will and testament must be in writing to be valid.

Beneficiaries: A will may make a disposition of property to any person.

Other types of recognized wills:

• Holographic Wills: A holographic will is one that is handwritten by the testator. Handwritten wills must be witnessed to be valid. Although West Virginia law recognizes a handwritten will, state laws can be very particular regarding handwritten wills. Handwritten wills that are not properly witnessed are invalid in West Virginia


If the aforementioned requirements are met - they could draft a new Will or a codicil tot the existing Will.






Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.8 %
Accepts: 2229
Answered: 11/29/2011

Experience: 20 years experience in estate and trust planning, probate, and wills

Ask this Expert a Question >
 
Tweet

12 Estate Lawyers are Online Right Now

Ask Your Question Now
Estate Law Questions Date Submitted
Short version: Background for the question: Over time lent 5/9/2013
It would help if the estate attorney had some experience with 5/5/2013
Because of your great help before I am back with new questions.This 4/27/2013
Does a family trust that includes real estate need to be recorded 4/20/2013
PR-fvh 4/16/2013
BRITISH COLUMBIA Estate Law is what we need. My InLaws have 4/10/2013
In Washington State Estate Law which takes precedance regarding 4/6/2013
What penalty if any can be charged when property is willed 3/29/2013
Hi I have a few questions regarding family/estate law 3/25/2013
RA-sa 3/14/2013
RSS
Next 10 >
Ask an Estate Lawyer
Type Your Estate Law Question Here...
characters left:

Top Estate Law Experts

See More Estate Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
181 Estate Lawyers are Online Now
Type Your Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan