Free West Virginia Will Template
West Virginia Will
I. Introduction
I, [Your Name], who is currently living at [Your Address], am of a stable and sound mental condition and possess the legal capacity required to draft this document. Consequently, I am drafting this document as my last will, with full comprehension of this act's implications. Upon the execution of this document, any former wills or codicils that I have drafted before this current document are hereby declared null and void because I am revoking them entirely.
II. Executor Appointment
I hereby appoint [Executor's Full Name], residing at [Executor's Address], as the Executor of this will. If this Executor is unable or unwilling to serve, I appoint [Alternate Executor's Full Name], residing at [Alternate Executor's Address], as the Alternate Executor.
III. Beneficiary Designations
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Primary Beneficiaries:
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[Primary Beneficiary 1 Name]: Throughout my life, my daughter has maintained an unwavering presence as a family member who has consistently provided love and support.
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[Primary Beneficiary 2 Name]: My son has consistently demonstrated a high level of dedication and responsibility when it comes to managing our family's affairs.
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Contingent Beneficiaries: If any of my primary beneficiaries predecease me or are unable to inherit, I designate [Contingent Beneficiary Name] as the contingent beneficiary.
IV. Specific Bequests
4.1 Personal Property Bequests
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Upon the event of my passing, my collection of vintage watches, which I have gathered and treasured over the years, is intended to be received and taken over by my son, whose name is James Smith.
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As a cherished keepsake, my daughter, Emily Smith is to be the receiver of the family's heirloom jewelry set that has been in our family for many generations. This is a tradition that we have held dearly, and it is her turn now to receive this invaluable piece of our family history.
V. Real Property
5.1 Real Estate Bequests
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I hereby decide and declare that my main place of dwelling, the property located at 123 Maple Street, Charleston, located in the state of West Virginia, shall be passed on and become the property of my spouse, [Spouse Name], after my demise.
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I have made the determination that my vacation home, which is located at 456 Pine Avenue, in Beckley, West Virginia, will be divided equally and distributed among my children, whose names are [Children Name]. This equal distribution of the property is to my wishes for my children to share this home and its associated memories fairly.
VI. Guardianship Designations
If I happen to pass away and am survived by children who are still considered minors, it is my wish and instruction that the individual known as [Guardian's Name], currently living at the address noted as [Guardian's Address], will be given legal guardianship of my minor children.
VII. Funeral and Burial Instructions
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Funeral Wishes: It is my explicit wish and request that the necessary arrangements for my funeral be entrusted to and be fully handled by the establishment known as [Funeral Service Provider]. They can be found at the following address: [Funeral Provider's Address].
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Burial/Cremation Preferences: I have decided to opt for either a burial or cremation, according to my personal preferences. Furthermore, I have also designated a particular cemetery which will be my final resting place. The name of the cemetery is to be inserted and it is situated at a specific address, provided separately.
VIII. Powers of Executor
8.1 General Powers
The individual that I appoint as my Executor is to be treated as possessing all powers accorded to such a position under the existing legislation of West Virginia. These powers are not limited in any way but extend to the ability to conduct a sale of my assets, lease any property that is a part of my estate, or initiate a distribution of any of my possessions or wealth right after my passing in line with my wishes and the law.
IX. Miscellaneous Provisions
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Debts and Taxes: I expressly instruct that after my death, all my legitimate debts, my funeral and burial expenses, and any taxes due on my estate be promptly paid from the assets of my estate, as much as sensibly and practically possible.
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No Contest Clause: I hereby make a declaration that should there be any individual who chooses to challenge or contest the validity of this will, they will subsequently be forced to forfeit and relinquish any form of bequest, asset, or benefit that they would otherwise have stood to receive as provisioned by the stipulations provided within this will.
X. Signatures and Witnesses
Signed and declared by the above-named Testator, [Your Name], as their last will, in the presence of us, who at their request, in their presence, and the presence of each other, have subscribed our names as witnesses on this [Day] day of [Month, Year].
[Your Name]
Witness 1:
[WITNESS 1 NAME]
[DATE SIGNED]
Witness 2:
[WITNESS 2 NAME]
[DATE SIGNED]
XI. Notary (if applicable)
On this [DATE], before me, [NOTARY PUBLIC'S NAME], a notary public, personally appeared [Your Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to this directive, and they acknowledged that they executed the same for the purposes therein contained.
Notary Public: [NOTARY PUBLIC'S NAME]
Commission Expires: [EXPIRATION DATE]