LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
Table of Contents
- Document Header
- Definitions
- Revocation of Prior Instruments
- Family Information & Identification of Heirs
- Appointment of Personal Representative (Executor)
- Payment of Debts, Expenses, and Taxes
- Tangible Personal Property Memorandum
- Specific Bequests
- Residuary Estate
- Guardianship of Minor Children
- Contingent Trust for Minors or Incapacitated Beneficiaries
- Digital Assets
- Pets and Companion Animals
- Fiduciary Powers
- Executor Indemnification & Limitation of Liability
- No-Contest (In Terrorem) Clause
- Governing Law & Forum Selection
- Severability
- Miscellaneous Provisions
- Execution & Attestation
- Self-Proving Affidavit (Optional)
1. Document Header
This Last Will and Testament (the “Will”) is made by me, [TESTATOR FULL LEGAL NAME], currently residing at [STREET ADDRESS, CITY/TOWN, COUNTY, STATE OF WEST VIRGINIA], being of legal age, sound mind, and disposing memory, and acting freely and voluntarily (the “Testator”). This Will is executed on [DATE] (the “Effective Date”) under, and shall be governed by, the laws of the State of West Virginia.
[// GUIDANCE: Insert full legal name exactly as it appears on government-issued identification to reduce probate challenges.]
2. Definitions
Unless the context requires otherwise, the following terms shall have the meanings set forth below:
“Assets” means all real and personal property, tangible or intangible, wherever located, owned by the Testator at death.
“Children” means all biological and legally adopted children of the Testator, whether born before or after execution of this Will.
“Estate” means the collective Assets passing through probate.
“Executor” (also “Personal Representative”) means the individual or institution appointed under Section 5 to administer the Estate.
“Issue” means lineal descendants of any degree, by blood or legal adoption, with distribution per stirpes unless otherwise specified.
“Per Stirpes” means distribution by representation such that each branch of a deceased beneficiary takes the share such beneficiary would have taken if living.
“Residue” or “Residuary Estate” means all Assets not effectively disposed of by prior provisions of this Will.
3. Revocation of Prior Instruments
I hereby revoke all prior wills and codicils made by me.
4. Family Information & Identification of Heirs
I am married to [SPOUSE NAME or “not married”] and have the following Children:
1. [CHILD 1 NAME & DATE OF BIRTH]
2. [CHILD 2 NAME & DATE OF BIRTH]
(collectively, my “Children”).
[// GUIDANCE: If unmarried or without children, expressly state that fact to avoid ambiguity.]
5. Appointment of Personal Representative (Executor)
5.1 Primary Appointment. I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Executor of this Will.
5.2 Successor Appointment. If the Primary Executor is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME] as successor Executor.
5.3 Bond. No bond or surety shall be required of any Executor, except as required by West Virginia law.
6. Payment of Debts, Expenses, and Taxes
6.1 I direct my Executor to pay from my Estate:
a. All legally enforceable debts;
b. Funeral and burial expenses (not exceeding [AMOUNT OR “customary”]); and
c. Estate administration expenses and all taxes (including income, estate, inheritance, and generation-skipping transfer taxes) attributable to my death.
6.2 Taxes shall be paid from the Residuary Estate without apportionment among beneficiaries unless contrary to applicable tax law.
7. Tangible Personal Property Memorandum
I may leave a separate, dated, and signed memorandum disposing of items of tangible personal property. Such memorandum, if found at death, shall be incorporated by reference and enforced as though set forth herein.
8. Specific Bequests
I give the following specific gifts, free of all debts and expenses:
8.1 [Description of Asset] to [Beneficiary Name & Relationship].
8.2 [Repeat as needed].
Any specific bequest that fails shall pass to the Residuary Estate unless otherwise provided.
9. Residuary Estate
9.1 I give all the rest, residue, and remainder of my Estate, of whatever kind and wherever located, to [PRIMARY RESIDUARY BENEFICIARY NAME].
9.2 Contingent Residuary Disposition. If the Primary Residuary Beneficiary predeceases me or disclaims, the Residuary Estate shall pass to [CONTINGENT BENEFICIARY NAME].
9.3 Per Stirpes Distribution. If any Residuary share becomes payable to the Issue of a deceased beneficiary, such share shall be distributed per stirpes.
10. Guardianship of Minor Children
If at my death any of my Children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME], and if unavailable, [SUCCESSOR GUARDIAN NAME], to serve as guardian of the person and property of such minor Children.
[// GUIDANCE: Confirm selected guardian is eligible under W. Va. Code § 44-10-1 et seq.]
11. Contingent Trust for Minors or Incapacitated Beneficiaries
11.1 Creation. Any share otherwise distributable to a beneficiary who is (i) under [AGE, default 21] or (ii) incapacitated shall be held in trust (the “Contingent Trust”) under this Section.
11.2 Trustee. The Executor shall serve as initial Trustee, with [SUCCESSOR TRUSTEE NAME] as successor Trustee.
11.3 Trustee Powers. The Trustee shall have all powers granted under Section 14.
11.4 Termination. The Contingent Trust shall terminate upon the earlier of the beneficiary reaching the specified age or death, whereupon remaining trust property shall be distributed to the beneficiary or beneficiary’s estate.
11.5 Spendthrift Protection. Trust interests shall not be subject to voluntary or involuntary alienation before actual distribution.
12. Digital Assets
I grant my Executor the power to access, manage, distribute, delete, or transfer my digital assets and electronic communications to the extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act, as adopted by West Virginia.
13. Pets and Companion Animals
I direct my Executor to place any surviving pets with [CARETAKER NAME] and to distribute [AMOUNT] from the Residuary Estate for their care. If such placement is impossible, the Executor may place the pets with a suitable caregiver or animal welfare organization.
14. Fiduciary Powers
In addition to powers conferred by law, my Executor and any Trustee may, without court approval, exercise the powers enumerated in W. Va. Code § 44-6-1 et seq., including but not limited to: sell, lease, mortgage, invest, manage, and distribute Estate or trust Assets, employ professionals, and make tax elections.
15. Executor Indemnification & Limitation of Liability
15.1 Indemnification. The Executor (and any Trustee) shall be indemnified out of the Estate against all liabilities, costs, and expenses reasonably incurred in the good-faith administration of the Estate.
15.2 Liability Cap. The personal liability of the Executor for acts or omissions in good faith shall be limited to the Assets of the Estate; no personal assets of the Executor shall be subject to claims arising from fiduciary actions, except for willful misconduct or gross negligence.
[// GUIDANCE: This clause aligns with “executor_indemnity” and “estate_assets” metadata.]
16. No-Contest (In Terrorem) Clause
Any beneficiary who directly or indirectly contests this Will or any trust created hereunder (except on grounds of forgery or subsequent revocation) shall forfeit his or her interest, which shall become part of the Residuary Estate as though such beneficiary had predeceased me.
17. Governing Law & Forum Selection
This Will shall be construed and regulated by the laws of the State of West Virginia. Exclusive jurisdiction for probate and any will-contest proceedings shall lie in the appropriate [COUNTY] Probate Court of West Virginia.
18. Severability
If any provision of this Will is determined invalid, the remaining provisions shall continue in full force, and the invalid portion shall be interpreted to fulfill my intent to the maximum extent permitted by law.
19. Miscellaneous Provisions
19.1 Headings. Section headings are for reference only and do not affect interpretation.
19.2 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa as context requires.
19.3 Omissions. Failure to specifically mention any Asset does not indicate intent to omit such Asset from disposition under this Will.
20. Execution & Attestation
I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the date first written below and, being first duly sworn, declare to the undersigned witnesses that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
| ________ | Date: _____ |
|---|---|
| [TESTATOR FULL LEGAL NAME], Testator |
Witness Attestation
We, the undersigned witnesses, sign our names to this Will, being present together with the Testator, and each of us declares that the Testator signed and executed this Will as the Testator’s Last Will and Testament, that the Testator signed it willingly, and that each of us, in the presence of the Testator and of each other, signs this Will as witness to the Testator’s signing, and to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.
| Witness #1 Signature | Witness #2 Signature |
|---|---|
| _____ | _____ |
| Print Name: ______ | Print Name: ____ |
| Address: ___ | Address: _______ |
| Date: ______ | Date: ____ |
[// GUIDANCE: West Virginia execution requirements—W. Va. Code § 41-1-3—mandate at least two competent witnesses signing in the presence of the Testator and each other.]
21. Self-Proving Affidavit (Optional but Recommended)
State of West Virginia
County of [COUNTY]
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses whose names are subscribed to the foregoing instrument, and all being duly sworn, the Testator declared to me and to the witnesses that the instrument is the Testator’s Last Will and Testament and that the Testator had willingly signed or directed another to sign for the Testator, and that the Testator executed it as the Testator’s free and voluntary act for the purposes expressed therein; and each of the witnesses, being duly sworn, stated to me, in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is the Testator’s Last Will and Testament and that the Testator executed same willingly as the Testator’s free and voluntary act for the purposes therein expressed, and that each witness, in the presence and hearing of the Testator, signs the Will as witness at the Testator’s request, and that to the best of the knowledge of each witness the Testator is eighteen (18) years of age or older, of sound mind and memory, and under no constraint or undue influence.
Subscribed, sworn to, and acknowledged before me by the said [TESTATOR NAME], and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], this ___ day of _, 20.
Notary Public for the State of West Virginia
My Commission Expires: ____
[// GUIDANCE: Incorporates W. Va. Code § 41-5-15; a properly executed self-proving affidavit expedites probate by eliminating the need to locate witnesses.]