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Home » US Law » 2022 West Virginia Code » Chapter 41. Wills » Article 3. Provisions as to Construction

§41-3-1. When Will Takes Effect

A will shall be construed, with reference to the estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.

§41-3-11. Short Title

Sections eight through eleven of this article may be cited as the "Uniform Testamentary Additions to Trusts-Uniform Act (1991)".

§41-3-2. When Advancement Deemed Satisfaction of Devise or Bequest

A provision for or advancement to any person shall be deemed a satisfaction in whole or in part of a devise or bequest to such person, contained in a previous will, if it would be so deemed in case the devisee or legatee were the child of the testator; and whether he be a child […]

§41-3-3. Death of Devisee or Legatee Before Testator

If a devisee or legatee die before the testator, or be dead at the time of making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof be […]

§41-3-4. Failure or Invalidity of Devise or Bequest

Unless a contrary intention shall appear by the will, such real or personal estate, or interest therein, as shall be comprised in any devise or bequest in such will, which devise or bequest shall fail or be void, or be otherwise incapable of taking effect, shall, if the estate be real estate, be included in […]

§41-3-5. Construction of Devises in General Terms

A devise of the land of the testator, or of the land of the testator in any place, or in the occupation of any person mentioned in his will, or otherwise described in a general manner, and any other general devise which would describe a leasehold estate, if the testator had no freehold estate which […]

§41-3-7. Courts of Equity May Construe Wills

Notwithstanding any other provision of law, and notwithstanding there is no other ground of equity jurisdiction, courts possessing general equity powers shall have and take jurisdiction of a suit to construe an ambiguous will at the suit of the executor, or administrator with the will annexed, or of any beneficiary thereunder whose interests are affected […]

§41-3-8. Testamentary Additions to Trusts

(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established: (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or […]

§41-3-9. Effect on Existing Wills

Sections eight, nine, ten and eleven of this article apply to a will of a testator who dies after the effective date of this legislation.