West Virginia Code § 36-12-15

Prior transfer on death liberally construed
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(a) Any transfer on death deed properly recorded in an office of the clerk of a county
commission before the effective date of this article containing language that shows a clear
intent to designate a transfer on death beneficiary shall be liberally construed to do so.
(b) Any survivorship clause in a deed properly recorded before the effective date of this
article in an office of the clerk of a county commission that attempts to create a right of
survivorship tenancy, which survivorship tenancy otherwise fails, but otherwise is an
effective deed, and shows a clear intent to designate a beneficiary to receive the property
upon death of one or more cotenants by survivorship shall be libuerally construed to be an
effective transfer on death deed governed by this article.

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