QUESTION
Is a new will effective over a previous will?
Asked on Oct 25th, 2011 on Estate Planning - Kansas
More details to this question:
My mother in law had an attorney draw up a will. She has changed her mind about details. Can we draw up a will by state requirements, have her sign and notarized? Will this replace the original will?
11 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Wills generally state that they revoke all previous wills, so generally, yes, new will take precedence over older ones, usually. If your mother has an existing will that she wishes to update, she can do that by executing a new will or executing a codicil (a document that changes simple terms in an existing will without revoking the existing will). The trick is making sure she complies with whatever requirements exist in her state to properly execute a will. For instance, in Indiana, a will does not need to be notarized, but it does need to be witnessed properly by two neutral witnesses.
Answered on Feb 20th, 2012 at 3:51 PM
A properly executed will replaces all previous wills.
Answered on Oct 27th, 2011 at 10:54 PM
Glen Edward Ashman
A really good way to completely screw things up is to take a lawyer-drafted will and replace it with homemade garbage you find online. If she is unhappy with the lawyers work, have the lawyer redo the will or find a new lawyer.
Answered on Oct 27th, 2011 at 1:33 AM
Shadi Ala'i AlaiShaffer
You can replace any prior Will or Estate Planning document so long as you meet all the State legal requirements of notarization, witness signature requirements, etc.
Answered on Oct 26th, 2011 at 11:24 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Be very careful about the witnessing of the will; if it is not done properly, the will does nothing. Normally a will starts by saying that it revokes prior wills. Do not try to do this yourself. The assistance of a good estate planning attorney does not need to be expensive, and is well worth it. A bad plan is worse than no plan at all.
Answered on Oct 26th, 2011 at 5:41 PM
1 Award
Creating and executing a new will will take precedence over any prior will.
Answered on Oct 26th, 2011 at 5:40 PM
Donald B. Lawrence
The new will usually contains a provision that reads something like this: "I revoke all my prior wills and codicils" If it does and it is offered and proven to a probate court as the will of the decedent, then it will supersede the prior will unless it is superseded by a subsequent will. The issues will relate to whether it was properly executed and witnessed, whether there was undue influence in having it executed and/or whether the decedent had sufficient capacity to know what she was doing.
Answered on Oct 26th, 2011 at 5:36 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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A new will invalidates a prior will if the new will is properly exercised and not obtained through fraud or undue influence. It is important that, if your mother in law wants to change her will, she meet with a lawyer who represents her and without any beneficiaries present so the lawyer can verify what she wants to do. A will prepared by a beneficiary is easy to challenge and set aside.
Answered on Oct 26th, 2011 at 5:24 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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Most subsequent Wills specifically revoke any prior document. Even in the event that they do not specifically revoke the earlier Will, later Wills might include directly contradicting language and the later provisions would likely be upheld. The far better approach to assisting your mother with her estate plan is to connect her with an estate planning attorney that can make sure her wishes are properly memorialized.
Answered on Oct 26th, 2011 at 5:21 PM
3 Awards
It depends upon the language in the new Will. She should probably address these issues and concerns with her attorney who drafted the new Will.
Answered on Oct 26th, 2011 at 5:11 PM
Bankruptcy Attorney serving Lenexa, KS
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Walden Legal Solutions, LLC
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Yes, a new will can revoke all prior Last Will & Testaments. You just must make sure the appropriate language is contained in the new document. In addition, make sure that you are executing the document properly - two witnesses and a notary should be used in Kansas.
Answered on Oct 26th, 2011 at 5:04 PM