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Signing A Will

W. Va. Code § 41-1-3 — in writing, signed, and two witnesses present together, unless it is all in your own handwriting

Anyone who is of sound mind and at least eighteen years old may make a will, and it may dispose of property acquired after it was signed.

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Writing, a signature, two witnesses. A will is valid only in writing and signed by the testator, or by another in the testator's presence and at their direction. The signature is made or acknowledged before at least two competent witnesses present at the same time, who sign in the testator's presence and each other's.

A will wholly in the testator's own handwriting does not need the witnesses. No particular form of attestation is required.

Whether a particular paper is a valid will is a question for a licensed West Virginia attorney.

Sources for this section (3)
  1. W. Va. Code § 41-1-1 — Who may make will and as to what property
  2. W. Va. Code § 41-1-2 — Who may not make will
  3. W. Va. Code § 41-1-3 — Will must be in writing; witnesses

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.

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