§ 41-1-6 — Revocation by divorce; no revocation by other changes of circumstances

West Virginia § 41-1-6

• Jurisdiction: West Virginia
• Ch. 41: WILLS
• Art. 1: CAPACITY TO MAKE; REQUISITES; VALIDITY

Text

(a) If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, except that the provisions of section three, article three, chapter forty-one do not apply, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.

(b) This section applies to all divorces, annulments or remarriages which become effective after June 5, 1992.

Legislative History

1993 Reg. Sess., HB2638; 1992 Reg. Sess., HB4112; 1975 Reg. Sess., HB706