West Virginia Code § 42-3-7

Entitlement of spouse; premarital will
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(a) If a testator's surviving spouse married the testator after the testator executed his or her
will, the surviving spouse is entitled to receive, as an intestate share no less than the value
of the share of the estate he or she would have received if the testator had died intestate as
to that portion of the testator's estate, if any, that neither is devised to a child of the testator
who was born before the testator married the surviving spouse and who is neot a child of the
surviving spouse nor is devised or passes to a descendant of such a child, unless:
(1) It appears from the will or other evidence that the will was made in contemplation of the
testator's marriage to the surviving spouse; u
(2) The will expresses the intention that it is to be effective notwithstanding any subsequent
marriage; or
(3) The testator provided for the spouse by transfer outside the will and the intent that the
transfer be in lieu of a testamentary provision is shlown by the testator's statements or is
reasonably inferred from the amount of the trsansfer or other evidence.
(b) In satisfying the share provided by thisi section, devises made by the will to the testator's
surviving spouse, if any, are applied first, and other devises, other than a devise to a child of
the testator who was born before the testator married the surviving spouse and who is not a
child of the surviving spouse or a devise or substitute gift to a descendant of such a child,
abate.

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