WEST virginia legislature

2019 regular session

Introduced

Senate Bill 335

By Senators Maynard and Hamilton

[Introduced January 16, 2019; Referred
to the Committee on the Judiciary]

A BILL to amend and reenact §41-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the notification of all persons mentioned in a will before it may be altered.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. CAPACITY TO MAKE; REQUISITES; VALIDITY.

§41-1-7. Revocation generally.

(a) No will or codicil, or any part thereof, shall be revoked, unless under the preceding section, or by a subsequent will or codicil, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is required to be executed, or by the testator, or some person in his or her presence and by his or her direction, cutting, tearing, burning, obliterating, canceling or destroying the same, or the signature thereto, with the intent to revoke.

(b) No will or codicil, or any part thereof may be altered unless the persons named in the will or codicil are contacted, or attempted to be contacted, to go over the proposed changes.

NOTE: The purpose of this bill is to require that all persons mentioned in a will must be contacted before it can be changed.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.