Will the creation of a new will nullify the existing will?

Yes, you can execute a new will that will void the previous will. $800 seems high to execute a new will, unless it was also for other work or documents as well. I charge significantly less for a will and it also includes other estate planning documents such a powers of attorney and living will. That also includes the witnesses and notary.

Do you have a copy of the existing will? Although probate courts prefer to have the original will, they will accept a copy if the original is lost or stolen. Your mother may not need a new will, unless she also wants to make changes to the will. And to answer your specific question: yes, a new will would revoke any existing wills.

The answer to your question is that a new will supplants and nullifies the old will. However, you seem to be using the terms will and living will interchangeably. The former is witnessed, NOT notarized; the latter is usually notarized. Notaries are restricted by law to a very modest fee. This sounds like a $300 to $500 job. If it is a living will (outlining Mom's wishes if she is terminally ill) she should make a number of copies for all family members and doctors.

First, we do not use notaries in California for wills, and their signature thereon a notary adds nothing to the validity of the will. However, if your mother wants to execute a new will, this does take time to prepare correctly, as to the will. But you mentioned "living will", there is no such thing as a living will; you probably are referring to an Advance Healthcare Directive. This document also takes time to prepare, and requires consultations with your mother by the attorney and concerns the wishes or directives of your mother end state of life.

A living will generally names someone with the authority to handle your Mother's financial affairs. It can cost far less than $800. It operates only during your Mother's lifetime. The stolen document can be cancelled.

I'm reluctant to talk about cost the lawyer quoting that number knows a lot more than I do about the work that will be involved in this estate plan. A new Will usually starts with "I hereby revoke all prior wills." The language has to be there, though, it's not automatic. The Will should be put in a safe deposit box in your mother's name only, no joint owners. The named personal representative can get in the box after Mom dies. Until then, if no one can get in the box, then there's no question of shenanigans, is there? BTW, forget the term "living will," it is confusing. It doesn't refer to a Will at all, it's a confusing old term for a health care instruction. Wills often say that the benefits are only for named beneficiaries; but once the property is transferred to the devisees, spouses will be involved, won't they? The will could create a trust with limitations on sister if her husband continues to be a problem, but that will increase the cost of the will and of the probate. If anyone is currently in the process of getting divorced, have that person tell the divorce lawyer there may be an inheritance.

You say that a living will was stolen in your question line but you talk about a last will and testament in the detail section. They are two different documents. A living will can be replaced at anytime by the individual. Most hospitals and nursing homes and many health care providers have them on hand. A last will and testament can be replaced by an new will that specifically invalidates any pre-existing document. I always advise my clients to make a couple of copies of the will and put them in safe places, such as a bank box, with the named executor, etc. As for the cost of replacing the will, each attorney can charge whatever the market will bear. A more complex will takes more time and will be more expensive than a simple will. Most banks have notaries on staff who will notarize documents for free.

This appears to be a follow-up to your earlier question. You are being quoted unreasonable fees. Notary charges do not justify a fee of $800. You should speak with another attorney. In many cases, copies of estate planning documents can be treated as originals. The lawyer should provide you with an additional copy of the original estate plan for a nominal charge. As far as protection of assets from spouses, that is a wide-ranging topic and beyond the scope of this question and answer forum. It is very possible to protect against spouses in a trust. It is not clear what has been done with the existing document, however.

A new will typically includes a clause expressly revoking any earlier dated will. Probate courts across Michigan will accept wills for safekeeping. It seems unlikely that most of an $800 fee for preparing and properly executing a will arises from getting it notarized. First, having the will notarized is not necessary. The spouse of natural heirs has no greater rights than mere strangers.