Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

For Use in Connection with a West Virginia Last Will and Testament

Table of Contents

1. Introduction and Will Reference
2. Important West Virginia Legal Notice
3. Identification of Testator
4. Tangible Personal Property Distributions
5. Distribution Categories
6. Residual Tangible Personal Property
7. Instructions for Updating
8. Execution and Authentication
9. State-Specific Notes
10. Sources and References

// GUIDANCE: CRITICAL — West Virginia has NOT adopted Uniform Probate Code § 2-513 or
// any equivalent statute authorizing separate writings for tangible personal property
// distribution. West Virginia is among approximately 20 states that do not recognize
// personal property memoranda as independently binding legal documents.
//
// Under W. Va. Code § 41-1-3, a valid will must be in writing, signed by the testator,
// and unless wholly in the testator's handwriting, signed or acknowledged in the
// presence of two competent witnesses who also subscribe the will.
//
// For binding distribution in West Virginia, practitioners should:
// 1. Include specific tangible personal property bequests directly in the Will
// 2. Execute a codicil with full testamentary formalities
// 3. Use a revocable trust provision directing tangible personal property
//
// A holographic will (wholly in the testator's handwriting) is valid in West Virginia
// without witnesses under § 41-1-3.

I. INTRODUCTION AND WILL REFERENCE

This Personal Property Memorandum ("Memorandum") is made by the undersigned Testator to express wishes regarding the distribution of tangible personal property in connection with the Last Will and Testament executed on [__/__/____].

IMPORTANT NOTICE: West Virginia does not have a statute authorizing standalone personal property memoranda. This document, standing alone, is not independently legally binding under West Virginia law. For binding effect, specific bequests of tangible personal property should be incorporated into the Will, a properly executed codicil, or a holographic will.

Will Reference Clause: This Memorandum is referenced in Article [____] / Section [____] of the Testator's Last Will and Testament.

II. IMPORTANT WEST VIRGINIA LEGAL NOTICE

West Virginia does not recognize a separate personal property memorandum as a legally binding document unless it meets the full requirements for a will or codicil.

Options for Legal Effect in West Virginia

☐ Option A — Codicil with Full Testamentary Formalities (Legally Binding)
Execute this document as a codicil to the Will, signed by the Testator and attested by at least two (2) competent witnesses pursuant to W. Va. Code § 41-1-3. This approach requires re-execution each time changes are made.

☐ Option B — Holographic Instrument (Legally Binding)
If this document is entirely in the Testator's handwriting and signed, it may qualify as a holographic will or codicil under W. Va. Code § 41-1-3, which does not require witnesses for instruments wholly in the testator's handwriting.

☐ Option C — Revocable Trust Provision (Legally Binding)
Include a provision in a revocable living trust directing distribution of tangible personal property.

☐ Option D — Precatory Memorandum (Non-Binding Expression of Wishes)
The Testator acknowledges this memorandum is not legally binding but requests that the Executor and beneficiaries honor these preferences to the extent practical.

☐ Option E — Incorporation into Will (Legally Binding)
Incorporate specific tangible personal property bequests directly into the body of the Will.

Selected Option: [____]

III. IDENTIFICATION OF TESTATOR

IV. TANGIBLE PERSONAL PROPERTY DISTRIBUTIONS

// GUIDANCE: Describe items with sufficient detail to avoid ambiguity. If using as a
// holographic instrument (Option B), the ENTIRE document must be in the testator's
// handwriting.

Item Distribution Table

V. DISTRIBUTION CATEGORIES

☐ Jewelry and Watches
[________________________________]

☐ Furniture and Household Furnishings
[________________________________]

☐ Artwork, Collectibles, and Antiques
[________________________________]

☐ Vehicles, Boats, and Recreational Equipment
[________________________________]

☐ Electronics and Musical Instruments
[________________________________]

☐ Sporting Goods and Tools
[________________________________]

☐ Clothing and Personal Accessories
[________________________________]

☐ Books and Media Collections
[________________________________]

☐ Firearms (ensure compliance with West Virginia and federal transfer laws)
[________________________________]

☐ Heirloom and Sentimental Items
[________________________________]

☐ Other Tangible Personal Property
[________________________________]

VI. RESIDUAL TANGIBLE PERSONAL PROPERTY

Any items of tangible personal property not specifically listed in this Memorandum shall be distributed as follows:

☐ According to the terms of my Last Will and Testament

☐ Equally among the following persons: [________________________________]

☐ To: [________________________________]

☐ At the discretion of my Executor / Personal Representative

VII. INSTRUCTIONS FOR UPDATING

// GUIDANCE: Because West Virginia does not recognize standalone memoranda, updates to
// a codicil require re-execution with full testamentary formalities. A holographic
// instrument must be entirely rewritten in the testator's handwriting. Updates to a
// precatory memorandum are simpler but remain non-binding.

If using as a codicil (Option A): Each revision must be signed by the Testator and attested by at least two competent witnesses.

If using as a holographic instrument (Option B): Each revision must be entirely in the Testator's handwriting and signed.

If using as a precatory memorandum (Option D): Updates may be made at any time by signing and dating a new version.

To update:

1. Prepare a new memorandum or clearly mark changes
2. Sign and date each revision
3. If using as a codicil, have two competent witnesses attest and sign
4. Store the updated document with or near your Will
5. Notify your attorney and/or Executor of the update

This Memorandum supersedes all prior memoranda dated before the date below.

VIII. EXECUTION AND AUTHENTICATION

I, the undersigned Testator, declare the following:

☐ This document is executed as a codicil to my Last Will and Testament, with full testamentary formalities, pursuant to W. Va. Code § 41-1-3.

☐ This document is entirely in my handwriting and is intended as a holographic codicil pursuant to W. Va. Code § 41-1-3.

☐ This document is a non-binding expression of my wishes regarding tangible personal property distribution.

Witness Attestation (Required for Codicil — Option A)

// GUIDANCE: Under W. Va. Code § 41-1-3, unless the instrument is wholly in the
// testator's handwriting, it must be signed or acknowledged by the testator in the
// presence of two competent witnesses, present at the same time, who subscribe the
// will in the presence of the testator and of each other.

We, the undersigned witnesses, declare that the Testator signed this document (or acknowledged the Testator's signature) in our presence, and we have subscribed our names as witnesses in the presence of the Testator and of each other.

IX. STATE-SPECIFIC NOTES

West Virginia Legal Framework

1. No PPM Statute: West Virginia has NOT adopted UPC § 2-513 or any equivalent personal property memorandum statute
2. Will Formalities: Under W. Va. Code § 41-1-3, a will must be in writing, signed by the testator, and (unless wholly in the testator's handwriting) signed or acknowledged in the presence of two competent witnesses who are present at the same time
3. Holographic Instruments: West Virginia recognizes holographic wills and codicils that are wholly in the testator's handwriting and signed, without witnesses
4. Codicil Alternative: A properly executed codicil can serve the same function as a PPM but requires full testamentary formalities (or holographic execution) for each change
5. Probate Jurisdiction: In West Virginia, the County Commission (or a fiduciary commissioner/supervisor) handles probate matters
6. No State Estate Tax: West Virginia does not impose a separate state estate tax
7. Elective Share: The surviving spouse has a right to an elective share under W. Va. Code § 42-3-1

Important Disclaimers

• This Memorandum does not replace a valid Last Will and Testament
• A standalone memorandum is NOT legally binding in West Virginia
• Consult with a West Virginia licensed attorney before relying on this document
• For binding effect, incorporate bequests into the Will or execute as a witnessed or holographic codicil
• If any item listed has been sold, gifted, or destroyed before death, that bequest lapses

X. SOURCES AND REFERENCES

• W. Va. Code § 41-1-3 — Requirements for a Valid Will
• W. Va. Code Chapter 41 — Wills
• Pasadena Law Group — States That Don't Recognize Personal Property Memorandums
• Nolo — Using a Personal Property Memorandum With Your Will

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a licensed West Virginia attorney before use.