Senate Bill No. 687
(By Senators White and Buckalew)
[Originating in the Committee on the Judiciary;
reported February 24, 1998.]
A BILL to amend article one, chapter forty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to allowing substitution of a photocopy of
a lost will for the original where testator has not revoked
the lost original.
Be it enacted by the Legislature of West Virginia:
That article one, chapter forty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 1. CAPACITY TO MAKE; REQUESTS; VALIDITY.
§41-1-3a. Substitution of photocopy of original will.
(a) Notwithstanding any provision of this code to the
contrary, a photocopy of a will which has been lost shall be
valid as to the intent of the testator or testatrix upon affidavit of one or more of the subscribing witnesses to said
will stating that said photocopy is a complete reproduction of
the original will executed by the testator or testatrix.
(b) The provisions of subsection (a) of this section shall
apply only where the testator or testatrix, subsequent to the
execution of the original will, has not revoked the original
(NOTE: The purpose of this bill is to allow the use of a
photocopy of a will if lost or destroyed with no intent to revoke
§41-1-3a is new; therefore, strike-throughs and underscoring
have been omitted.)