Changing Or Revoking A Will
W. Va. Code § 41-1-7 and W. Va. Code § 41-1-6 — a new will, a signed writing, destroying it, or a divorce
- A later will or codicil.
- A writing declaring the intent to revoke, signed the way a will is.
- Cutting, tearing, burning, canceling or destroying it or the signature, with the intent to revoke, by the testator or someone in their presence at their direction.
Those are the ways a will, or part of one, is revoked.
A divorce revokes the gifts to the ex. A divorce or annulment after the will revokes every gift to the former spouse and any naming of them as executor, trustee or guardian, unless the will says otherwise, and the property passes as if the former spouse had died first. Remarrying the same person revives those provisions.
No other change of circumstances revokes a will. A particular will is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 41-1-6 — Revocation of a will by divorce; no revocation by other changes of circumstances
- W. Va. Code § 41-1-7 — Revocation of a will generally
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.