If a loved one died unexpectedly or perhaps before you got around to discussing whether they had a will, you and your family likely will search for one in their home. It can be a relief to find one tucked away in a desk or locked in their safe.
What if that will isn’t the only one you find? Maybe you locate another one in their nightstand next to their bed, in a safe deposit box at the bank or underneath a pile of papers?
That happens more than you might expect – especially if the deceased was older, in some cognitive decline or just plain disorganized. So how do you decide which one to submit to the probate court?
Generally, the will with the most recent date is the one that’s used, assuming that it meets all the legal requirements for a valid will. However, it’s often not that simple.
Why the most recent will may not be legally valid
For one thing, there may be versions of the original will with undated, handwritten notations, so it can be impossible to know whether those were made the same day or years later.
Further, the latest will may be invalid if the deceased lacked testamentary capacity to create or modify a will or was coerced or tricked into changing it because of the “undue influence” of someone. It’s even possible that someone else fraudulently made the changes.
If you find multiple wills, it likely means that the deceased didn’t have professional estate planning guidance. Even if the original one was prepared by a professional, your loved one may have made changes on their own without getting them codified. When changes are made correctly and validly, the old versions of the modified documents should be destroyed or at least clearly marked as “revoked” or something similar so there’s no confusion.
This can all be very confusing and stressful at an already difficult time. A good first step would be to get legal guidance to determine how to best to proceed in a way that honors your loved one’s wishes.