WVC 41 - 5 - 15
§41-5-15. Proof of will while testator living.
Any or all of the attesting witnesses to any will, at the
request of the testator, may make and subscribe an affidavit
before any officer authorized to administer oaths, in or out of
the state, stating such facts as would be required of them in
testimony in court to establish and prove the will; and if the
testator shall preserve such affidavits with the will, and the
same are produced and offered in evidence when the will is
offered for probate, they shall be admissible in evidence and
have the same probative value as if the affiants had appeared in
court or before the clerk thereof and testified to the facts
stated in the affidavit: Provided,
That such affidavits shall
not be admissible in evidence in any case in which there is a
contest over the will.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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