Find Laws Find Lawyers Free Legal Forms USA State Laws

WEST VIRGINIA STATUTES AND CODES

§42-3-7 Entitlement of spouse; premarital will.

§42-3-7. Entitlement of spouse; premarital will.

(a) If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised or passes to a descendant of such a child, unless:

(1) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;

(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or

(3) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift to a descendant of such a child, abate.

West Virginia Forms by Issue

West Virginia Court Forms
> DUI
> Domestic Violence
West Virginia Tax Forms

West Virginia Law

West Virginia State Laws
    > West Virginia Child Support
    > West Virginia Gun Laws
    > West Virginia State Laws
West Virginia Tax
    > West Virginia State Tax
West Virginia Agencies
    > West Virginia Department of Education

West Virginia Court Map

Tips