Last Will and Testament with Minor Children

LAST WILL AND TESTAMENT OF [FULL LEGAL NAME OF TESTATOR]

Table of Contents

1. Declaration
2. Revocation of Prior Wills
3. Family Identification
4. Nomination of Guardian for Minor Children
5. Specific Bequests
6. Residuary Estate
7. Trust Provisions for Minor Beneficiaries
8. Appointment of Executor
9. Powers of Executor
10. Tax Provisions
11. General Provisions
12. Execution
13. Self-Proving Affidavit

1. Declaration

I, [FULL LEGAL NAME OF TESTATOR], of [CITY/TOWN], [COUNTY] County, State of West Virginia, being of legal age (18 years or older) and of sound mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do hereby declare this instrument to be my Last Will and Testament.

2. Revocation of Prior Wills

I hereby revoke all prior wills and codicils heretofore made by me.

3. Family Identification

I am currently ☐ married to / ☐ single / ☐ divorced / ☐ widowed.

Spouse (if applicable): [FULL LEGAL NAME OF SPOUSE]

I have the following minor children:

4. Nomination of Guardian for Minor Children

Pursuant to W. Va. Code § 44-10-3, I hereby nominate and appoint the following individual as Guardian of the person(s) of my minor children in the event that I am the sole surviving parent or the other parent is unable or unwilling to serve:

Primary Guardian: [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP]

Alternate Guardian: In the event the above-named Primary Guardian is unable or unwilling to serve, I nominate [FULL LEGAL NAME], of [CITY], [STATE], relationship: [RELATIONSHIP], as Alternate Guardian.

I request that no bond be required of any guardian nominated herein.

5. Specific Bequests

I make the following specific bequests:

Bequest 1: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

Bequest 2: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

Bequest 3: I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY], [STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse / ☐ pass to [ALTERNATE BENEFICIARY].

6. Residuary Estate

I give, devise, and bequeath all the rest, residue, and remainder of my estate, whether real, personal, or mixed, wherever situated, to:

☐ My spouse, [FULL LEGAL NAME], if my spouse survives me.

☐ If my spouse does not survive me, or if I am unmarried at the time of my death, I direct that the residuary estate be distributed as follows:

• [____]% to [BENEFICIARY NAME]
• [____]% to [BENEFICIARY NAME]
• [____]% to the trust(s) established under Section 7 for my minor children

7. Trust Provisions for Minor Beneficiaries

7.1 Creation of Trust

Any property passing to a minor child under this Will shall be held in a separate trust for the benefit of that child (the "Child's Trust") until the child reaches the age of [____] years.

7.2 Trustee Appointment

I appoint [TRUSTEE NAME] as Trustee of the Child's Trust(s). If this person is unable or unwilling to serve, I appoint [ALTERNATE TRUSTEE NAME] as Successor Trustee.

7.3 Trustee Powers and Distributions

The Trustee shall have discretion to distribute income and principal for the health, education, maintenance, and support of the beneficiary child. The Trustee may also:
- Invest and reinvest trust assets prudently under the West Virginia Uniform Prudent Investor Act (W. Va. Code § 44-6C-1 et seq.)
- Pay taxes, expenses, and fees from trust assets
- Make distributions directly or to the child's guardian

7.4 UTMA Custodianship Alternative

In lieu of or in addition to any trust created herein, the Executor or Trustee may distribute property to a custodian under the West Virginia Uniform Transfers to Minors Act (W. Va. Code § 36-7-1 et seq.), with custodianship terminating at age 18.

7.5 Termination

Each Child's Trust shall terminate when the beneficiary reaches the age specified in Section 7.1, at which time all remaining trust assets shall be distributed outright to the beneficiary.

8. Appointment of Executor

I nominate and appoint [FULL LEGAL NAME] as Executor of this Will, to serve without bond.

If the above-named Executor is unable or unwilling to serve, I nominate [ALTERNATE NAME] as Successor Executor.

I request that no bond be required of any Executor named herein.

9. Powers of Executor

My Executor shall have the following powers in addition to those granted by West Virginia law, exercisable without court order unless otherwise required:

• To sell, lease, mortgage, or otherwise dispose of any real or personal property
• To invest and reinvest estate assets
• To compromise claims and settle debts
• To employ attorneys, accountants, and other professionals
• To distribute property in kind or in cash
• To continue any business interest of mine
• To make elections for tax purposes as deemed advisable

10. Tax Provisions

All estate, inheritance, and succession taxes imposed by reason of my death shall be paid from the residuary estate as an expense of administration, unless I direct otherwise for specific bequests.

11. General Provisions

Survivorship: A beneficiary must survive me by thirty (30) days to receive any bequest under this Will. If a beneficiary fails to survive me by such period, the bequest shall be treated as if the beneficiary predeceased me.

Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.

Governing Law: This Will shall be governed by the laws of the State of West Virginia.

No-Contest Clause: If any beneficiary contests this Will or any provision hereof, that beneficiary's share shall be reduced to one dollar ($1.00).

12. Execution

IN WITNESS WHEREOF, I, [FULL LEGAL NAME OF TESTATOR], have signed this, my Last Will and Testament, consisting of [NUMBER] pages, on this [____] day of [__________], 20[____], at [CITY/TOWN], [COUNTY] County, West Virginia.

Testator Signature: [________________________________]

Printed Name: [________________________________]

Attestation Clause

We, the undersigned, each being competent witnesses, declare that the person who signed this instrument, or asked another to sign on their behalf, did so in our presence, and that we believe this person to be of sound mind and memory. We sign this instrument as witnesses in the presence of the Testator and in the presence of each other, pursuant to W. Va. Code § 41-1-3.

Witness 1:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:
Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

13. Self-Proving Affidavit

(Pursuant to W. Va. Code § 41-5-15)

STATE OF WEST VIRGINIA
COUNTY OF [________________]

Before me, the undersigned authority, on this date personally appeared [FULL LEGAL NAME OF TESTATOR], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, and all being duly sworn, the Testator declared to me and to the witnesses that said instrument is the Testator's Last Will and Testament and that the Testator had willingly signed and executed it as the Testator's free and voluntary act for the purposes therein expressed; and each of the witnesses stated that they signed the will as witness in the presence and at the request of the Testator and in the presence of each other.

Testator Signature: [________________________________]

Witness 1 Signature: [________________________________]

Witness 2 Signature: [________________________________]

Subscribed and sworn to before me by the said Testator and the said witnesses, this [____] day of [__________], 20[____].

Notary Public, State of West Virginia
Signature: [________________________________]
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

West Virginia-Specific Notes

• Separate Property State: West Virginia is a common law / separate property state. A testator may dispose of all individually owned property by will.
• Elective Share: The surviving spouse may elect against the will and take a statutory elective share. Under W. Va. Code § 42-3-1, the surviving spouse is entitled to one-third of the decedent's estate if there are surviving descendants, or the entire net estate if there are no descendants (subject to statutory limits).
• No Holographic Wills: West Virginia does NOT recognize holographic (handwritten, unwitnessed) wills.
• Pretermitted Children: A child born or adopted after execution of a will who is not provided for may claim an intestate share under West Virginia law.
• No State Estate Tax: West Virginia does not impose a state estate tax or inheritance tax.
• Probate Venue: Wills are probated before the County Commission or the Clerk of the County Commission in the county where the decedent resided (W. Va. Code § 41-5-1).
• Self-Proving Affidavit Limitation: A self-proving affidavit is NOT admissible in a contested will proceeding (W. Va. Code § 41-5-15).

Sources and References

• West Virginia Code Chapter 41: https://code.wvlegislature.gov/41/
• West Virginia Judiciary: https://www.courtswv.gov