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Leaving a will allows you to divide your wealth and possessions among your beneficiaries after passing. But, it happens frequently that circumstances shift during your life and force you to reconsider the contents of your written will. It is common for individuals to reevaluate the assets and inheritances in their will after significant life incidents, including births, deaths, weddings, separations, and others.
When someone amends an existing will and makes a new one, it could result in multiple wills. The occurrence of multiple wills is one challenge that can lead to disputes in an estate. This case might occur if someone executes a new will without first discarding the old one.
The most current will, if properly executed and which revokes all previous wills, is regarded as legitimate if more than one will is submitted to probate in the legal system. The court will validate the latest will so long as it was executed in compliance with the formalities, regulations and contains provisions explicitly rescinding any earlier will. And, presuming it adheres to law, the probate court may acknowledge the older will if the more recent one is lawfully deficient.
Is There A Need To Address Multiple Wills?
If someone leaves behind more than one will, their legal representative may file more than a single will with the probate court. Doing so may necessitate an individualized hearing in court to decide which will is legitimate. It could add further delay, expense, and dispute that could have been readily averted.
Here’s what you can do if you encounter multiple wills left by a departed individual:
Contact a lawyer: Get legal counsel from a skilled probate lawyer. They can advise you on what to do and assist you in comprehending the possible effects of having numerous wills. They will also guide you on the relevant legislation where you live.
Compile all the wills: Gather every will that comes to your attention, including the initial and potential copies. It is also crucial to keep an accurate record of the contested documents.
Evaluate the latest and legally authorized will: Carefully identify which of the several wills is the latest and valid. Given that it complies with the statutory requirements for a valid will, the more current will often receive the greatest priority. It is also crucial that you search for any discrepancies that could imply potential fraud.
Inform the beneficiaries: Beneficiaries and heirs should know about multiple wills and what happens next in the probate procedure, especially if you are the administrator or executor of the will
File for probate: In your jurisdiction, submit the most current valid will to the respective probate court. Suppose there are disagreements or conflicts among the recipients as to which is regarded as legitimate. Then, the court will decide based on the evidence provided.
Administer the estate and assets: Once the court has approved the will, you need to administer the estate following the provisions of the legal will. Doing so involves disbursing funds to designated heirs and paying off obligations and taxes.
While multiple wills may still constitute a valid estate planning approach, it also comes with its intricacies. Nevertheless, to prevent legal complexities, inconsistencies, or disagreements, it is crucial to ensure that these many wills are correctly drafted, carried out, and administered.
Handling multiple wills can be complex, and the process can vary based on jurisdiction and the case’s specific circumstances. Consulting with qualified probate lawyers in Bethel Chambers will lessen your worries and help you navigate this situation efficiently and per the law. Get your peace of mind and schedule a call today.
Causes of Multiple Wills
There are many causes of having numerous wills, and each person’s particular goals and situation will influence their motivations. The following is an overview of some typical factors or reasons why individuals might decide to write several wills:
Assets in Different Jurisdictions: An individual may have assets in different jurisdictions and would want to make a will in every jurisdiction over the assets in that jurisdiction. The effect is that if the individual passes away, the will in every jurisdiction can be probated at the same time which would help to avoid delays.
While these justifications for establishing several wills could be valid, speaking with a qualified probate lawyer is essential. Consulting one could give you the peace of mind that your estate plan complies with the law, reducing the likelihood of misinterpretation or conflicts.
Consult With Bethel Chambers Probate Lawyers
A judge will decide which will is legitimate if multiple wills proceed through the probate court. Most of the time, the question is simply which is the latest. Since it involves the complexity of the probate process, it is essential to approach this legal matter cautiously and within the limitations of the law.
You may find it easier to manage the complications of the legal system by working with the Bethel Chambers Probate Lawyers, who focus on estate planning, wills, and probate. With an experienced lawyers, you can guarantee the testator’s desires are carried out and lessen the possibility of unforeseen delays.
