What Happens if Multiple Wills Are Found?
Your family member left behind a will when they passed away, which is always great news. But then you find another. And another one.
Now things are starting to get confusing. Which will is the right one? Multiple wills can create confusion, conflict, and costly delays. Fortunately, probate courts have clear procedures to determine which document controls.
Navigating this situation requires patience and empathy. Wills can be a sensitive topic, especially when someone feels overlooked or treated unfairly by the terms. Whenever possible, it is important to give loved ones the benefit of the doubt.
If your loved one has died and you have come across multiple wills, the good news is that the court has procedures in place. Here are some points to keep in mind.
The Most Recent Valid Will Typically Governs
In most states, the most recent validly executed will takes priority. This is because newer wills almost always include language revoking older versions. If a will dated five years ago conflicts with one executed last year, the newer document usually wins, as long as it meets legal requirements.
However, the court does not simply look at dates. It must verify authenticity and confirm the person who created the will had the necessary mental capacity at the time.
Revocation Clauses Matter
Most newer wills contain a revocation clause stating something like, “I hereby revoke all prior wills and codicils.” If present, this clause strengthens the newer will’s authority.
Without a revocation clause, things get trickier. The court must determine:
- Did the testator intend to revoke earlier wills?
- Are both documents meant to work together?
- Do they contain conflicting instructions?
In some cases, the court can merge documents if they do not directly contradict one another.
When a Codicil Is Involved
Sometimes, what appears to be a second will is actually a codicil, which is a written amendment to an existing will. Codicils can update portions of a will, such as changing an executor or adding a beneficiary, without replacing the entire document.
Codicils must be executed with the same formalities as a will. If valid, courts will apply both documents together.
What If the Court Finds All Wills Invalid?
If every will is invalidated, the estate is distributed according to state intestacy laws. These laws prioritize spouses, children, and close relatives. This outcome can override the decedent’s true wishes.
Families can prevent these issues through:
- Proper will storage with an attorney.
- Destroying outdated wills.
- Updating estate plans after major life events.
- Informing executors where the current will is kept.
Seek Legal Help
The death of a loved one can bring about conflicts, especially if there are multiple wills involved. While this is not necessarily a common occurrence, it can be a messy situation when it does happen.
Prevent long, drawn-out legal battles with help from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We can help reduce your stress after a loved one’s death and help you move forward. Schedule a consultation today by calling 954-764-4330 or filling out the online form.
Sources:
empathy.com/will/which-will-what-to-do-if-your-loved-one-left-multiple-wills
empathy.com/will/which-will-what-to-do-if-your-loved-one-left-multiple-wills
