Would judges follow a signed will over one that was not?

Question

Will 2007 was signed by deceased while Will 2010 was not signed. Wouldn't judges go by a signed Will?

Thomas Edward Gates · Answer

Yes.

Vincent Liberti · Answer

Only an original, properly executed (signed) Will is admissible in Probate Court.  And, the Will must be signed according to statutory requirements of the state in which it is being signed - the person signing the Will (testator/testatrix) must sign the Will in front of two independent witnesses and a notary, etc. etc.  If not, any proposed, "Will" is invalid and non-admissible.

Dera Johnsen-Tracy · Answer

An copy of an unsigned will is not admissible, unless there is evidence to prove that the decedent actually properly executed this document (i.e., testimony of subscribing witnesses).  Providing the 2007 will was validly executed and not otherwise revoked, then there is a legal presumption that this will represents the decedent's intent.

Patrick Kershisnik · Answer

For a will to be valid it must be signed.  This means that the will created in 2010 is not valid.

Eric Smith · Answer

Probably. When there is a will contest, it becomes the job of the court to try to decide what the decedent's testamentary intent was. A typed will must be signed and properly witnessed, and ideally have self-proving language attached and notarized or the witnesses will need to be called back to testify to the signing. A will written completely in the decedent's own hand need not be witnessed, but testimony must be given to prove the handwriting is the decedent's. A will that does not meet the requirements of the statute of wills is no better than an unsigned will. An unsigned will is almost completely useless unless there is overwhelming proof that it reflects the content of a will that was properly executed and not intentionally destroyed or revoked that simply cannot be found.

Darin Christensen · Answer

Yes, unless strong proof were introduced that the unsigned will actually had been signed, but something destroyed to the signed original (like a fire, a scheming beneficiary, etc.)

Donna Jackson · Answer

In order for a will to be admitted to probate, it must be properly signed and executed by the decedent.

Donald Broad · Answer

In Indiana, if the 2010 Will is unsigned or not properly executed (in front of two witnesses) and the 2007 Will is signed and properly executed, then the Court will allow the 2007 Will to control.

Michael Stafford · Answer

Pursuant to the Cal. Probate Code, with the exception of Holographic wills, in order for a will to be valid it must be dated,  signed by the deceased and witnessed by a least two witnesses. From the facts you have stated the 2010 will should not be valid.

Evan Guthrie · Answer

In South Carolina a will must be signed by the testator or at his direction. An unsigned will would most likely be invalid.

Frances Headley · Answer

Absent extenuating circumstances, the court will admit only the signed will.

Robert Slotkin · Answer

Yes, the unsigned will has no legal significance.

Leonard A. Kaanta · Answer

Michigan law requires a will to be signed and witnessed by two people to be valid, unless the will is handwritten by the testator and signed and dated. The 2007 should stand.

Ronald Anderson · Answer

Yes.  The Will must be signed and witnessed by at least two witnesses to be legally valid.  An unsigned Will would not be legally valid.

Mark Schaefer · Answer

Yes, to be a valid will in Georgia, it must be signed AND witnessed by two people who do not receive anything under the will.

James Weiner · Answer

A will must be signed and properly witnessed.. a 2010 draft will that was never signed is not valid and it should be considered a draft.. not a will.

Lauren Sarver · Answer

An unendorsed testament is not valid. The signed testament will prevail if it conforms to the requirements of an olographic or notarial will.   If the will does not meet Louisiana form requirements, neither of these testaments will be accepted by the court and property will devolve according to the laws of intestacy.

Monica H. Donaldson Stewart · Answer

If a will was not properly executed (which requires a signature), then it is not a valid instrument.

Faye Cohen · Answer

They would uphold signed will assuming there were not other issues such as signed under duress, signed without legal capacity, etc.

James Frederick · Answer

Generally, the answer is yes. A Will generally must be signed to be valid in Michigan. We did have one case where the judge was willing to admit an unsigned copy of a Will. It depends on the facts of the case and it depends on the judge. I would think there would need to be compelling evidence to admit the unsigned Will.

Glen Edward Ashman · Answer

An unsigned will has the legal value of toilet paper.  It's not a will.

John Brennan · Answer

Generally an unsigned will is a piece of paper absent evidence another copy was signed.

Victor Waid · Answer

As a general rule, only a signed witnessed rule will be admitted to probate, although a completely signed holographic will may also be admitted.

Maxwell Livingston · Answer

Most likely yes, under the doctrine of Dependant relative revocation - to effectuate the intent of the closest enforceable document.

Melissa Kay-Peterson Roudabush · Answer

It depends. Usually, a signed will carries the day. However, if the deceased talked to other people about the new will and his intentions, the new will "may" be able to be probated.

James Dunn · Answer

If it is not signed, it is not a will. It is a wannabe will. It will be ignored by the court.

Edwin Fee · Answer

An unsigned will is not valid.

Gerald Bagazinski · Answer

It depends on whether there is reason to believe the will had been executed. The court must determine the existence and location of the will.

Jonathan W. Barlow · Answer

Nevada law has clear requirements to create a valid will. Obviously, one of these requirements is that the will must be signed by the testator. If you believe that the 2010 will was not signed by the deceased (that it is a fraudulent will), you must follow specific procedures to contest the validity of the will. There are specific timeframes to do so and failing to follow these timeframes could bar you from contesting the will at a later date even if it is a fraudulent will. If the 2010 will is not signed at all by anyone, then it obviously would not be accepted as a valid will by any court. Because these issues are very dependent on the facts of each case, a competent probate attorney would be able to advise you about your rights and ensure that the proper will is recognized by the court.

Benjamin Gordon · Answer

For a will to be valid in utah it must be either (1) entirely in the testator's handwriting and signed and dated by the testator or (2) singed by the testator and by two witnesses who saw the testator sign the will or had the testator's signature affirmed to them by the testator in his presence.

Michael Yeksavich · Answer

An unsigned will is not a will as defined in the statutes.  Assuming the signed  document is in fact a will as defined by the statutes then it is a will subject  to probate.

Michael Doland · Answer

Yes, a will must be signed.

Jayne Sebby · Answer

A signed will takes precedence over an unsigned will in Nebraska unless the signed will can be proved to be fraudulent or the terms contained therein are invalid or unlawful for some reason.  In that case, the decedent would be considered intestate (no will exists at the time of death) and state statutes would determine who is entitled to the assets of the estate.

Maura Curran · Answer

The law provides that a will must be signed and witnessed, the unsigned will is irrelevant.

Brian Haggerty · Answer

Yes. An unsigned will is nothing.

Timothy Jones · Answer

Wills are generally not valid unless they're signed. If the will is not handwritten, it also needs to have the signatures of two witnesses. The latest will that's been signed, and, if necessary, also has the signatures of witnesses, is the valid will.

Jeffrey Gottlieb · Answer

If the document is unsigned, it would not be admitted to probate and would have no relevance at all.  The signed Will would control.

James Oberholtzer · Answer

Usually, only the signed Will would be valid and paid attention to. However, if there was fraud or some other special circumstances then other documents like the unsigned Will could become important.

Nathan Borris · Answer

No, among other things, a will is not valid unless it is signed.  Wills may be holographic or formal, the former being handwritten and signed by the testator, the latter being prepared by a third party, signed by the testator, and acknowledged by two disinterested witnesses that the testator did in fact sign the will.

Roman Aminov · Answer

Wills have very specific execution requirements and a Will which is not signed will almost certainly not be admitted to probate.

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