W. Va. Code » §41-1-3. Must be in writing; witnesses.
West Virginia Code

W. Va. Code § 41-1-3 (2026)

Must be in writing; witnesses

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ARTICLE 1. CAPACITY TO MAKE; REQUISITES; VALIDITY.

§41-1-3. Must be in writing; witnesses.

No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and such witnesses shall subscribe the will in the presence of the testator, and of each other, but no form of attestation shall be necessary.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1977–2025 · leading case: Stevens v. Casdorph, 508 S.E.2d 610 (W. Va. 1998).
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Stevens v. Casdorph, 508 S.E.2d 610 (W. Va. 1998). · cites it 36× “[3] The Stevenses, nieces of Mr. Miller, filed the instant action to set aside the will.”
Douglas Brown v. Robert D. Fluharty, 748 S.E.2d 809 (W. Va. 2013). · cites it 8× “On February 9, 2012, following briefing and a hearing, the circuit court entered an order granting the respondent’s motion. 3 The court concluded “that the Decedent did not sign his name anywhere on the second document, and therefore, there being no signature, under W.”
Foster v. Foster, 472 S.E.2d 678 (W. Va. 1996). · cites it 3× “3 See also W.Va.Code, 41-1-3 (1923), 4 20 Michie’s Jurisprudence Wills § 42 (1993).”
In Re the Est. of Teubert, 298 S.E.2d 456 (W. Va. 1982). · cites it 3× “Wholly In The Handwriting W.Va.Code, 41-1-3, 1 provides that holographic wills are valid in this State if they are wholly in the handwriting of the testator and signed.”
Clark v. Studenwalt, 419 S.E.2d 308 (W. Va. 1992). · cites it 6× “In response to a motion and cross-motion for summary judgment, the circuit court, by order dated March 14, 1991, adjudged the holographic instrument dated December 27, 1983, purporting to be William Clark’s last will and testament null and void for failure to satisfy the…”
Ware v. Howell, 614 S.E.2d 464 (W. Va. 2005). · cites it 2× “The requirements for executing a valid will are set out in W. Va.Code § 41-1-3 as follows: No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name…”
Ruble v. Ruble, 619 S.E.2d 226 (W. Va. 2005). · cites it 8× “The Copelands, however, do not dispute that holographic wills are permitted under West Virginia law as long as they are in compliance with the requirements of West Virginia Code § 41-1-3 (1923).”
Silling v. Erwin, 885 F. Supp. 881 (S.D.W. Va 1995). · cites it 2× ““No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the…”
Seifert v. Sanders, 358 S.E.2d 775 (W. Va. 1987). · cites it 2× “" "W.Va.Code, 41-1-3, provides that holographic wills are valid in this State if they are wholly in the handwriting of the testator and signed.”
In Re Est. of Kavcic, 341 So. 2d 278 (Fla. 1st DCA 1977). “77, § 3, and 12 W. Va. Code Ann. § 41-1-3 (1966); Thornton v.”
Dantzic v. Dantzic, 668 S.E.2d 164 (W. Va. 2008). · cites it 2× “2d 456 (1982) ("W. Va.Code, 41-1-3, provides that holographic wills are valid in this State if they are wholly in the handwriting of the testator and signed.”
Charleston Nat'l Bank v. Thru Bible Radio Network, 507 S.E.2d 708 (W. Va. 1998). · cites it 2× “West Virginia Code § 41-1-3 (1982) provides: No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover,…”
Show all 19 citing cases →
W. Va. Code § 41-1-3(1982): 1 case
Clark v. Studenwalt, 419 S.E.2d 308 (W. Va. 1992). “In response to a motion and cross-motion for summary judgment, the circuit court, by order dated March 14, 1991, adjudged the holographic instrument dated December 27, 1983, purporting to be William Clark’s last will and testament null and void for failure to satisfy the…”
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