Legal Question in Wills and Trusts in West Virginia

joint & mutual wills can it be contested

A joint and mutual will was made in 1990. The wife dies in 2000 and the husband makes two new wills after the fact the first new one leaves everything to the daughter then the second will leaves everything to two churches excluding the daughter. Can the very first will joint and mutual be contested on the grounds the husband had a commitment to the spouse to up hold her wishes. Even thought he made up two additional wills 3 weeks apart. Int the first will that was joint it would leave every thing to the daughter if both parents died before her and put into trust until the age of 40. How can I contest on my own.


Asked on 11/12/02, 9:04 am

1 Answer from Attorneys
Rodney Berry Berry, Kessler, Crutchfield and Taylor

Re: joint & mutual wills can it be contested

Without seeing the 1st will, this is difficult to answer. However, assuming that the 1st will was a contractual agreement between your parents, the subsequent wills could be attacked. Setting aside a will is a difficult undertaking, and I seriously doubt that you would have much success on your own.

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Answered on 11/12/02, 9:18 am


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