When someone passes away and leaves multiple wills, it can create confusion and disagreements among family members. During probate, only one will can legally direct the distribution of the deceased’s assets. Finding more than one will often lead to questions about which document to follow.
Determining which will takes priority
The most recent valid will typically takes priority during probate. If the probate court finds that the deceased created a new will with the intention of canceling the previous one, the newest document becomes the one used. This decision depends on whether the will includes language that revokes earlier wills or makes significant changes to the estate’s instructions.
Handling conflicts between wills
When family members or other beneficiaries disagree about which will should guide the estate, disputes can arise. Some may argue that one will reflects the true wishes of the deceased, while others may believe everyone should follow another document. The probate court reviews evidence and testimony to settle these disagreements.
The role of codicils in multiple will cases
Sometimes, a person creates a codicil instead of a new will. A codicil acts as an addition or change to an existing will without canceling the original document. If a codicil exists, the court treats it as part of the main will, as long as the deceased intended the changes to work together. Knowing the difference between a new will and a codicil helps clarify which instructions the court should follow.
Navigating the probate process with multiple wills
Understanding how the courts handle these situations helps families prepare for possible estate administration challenges. By knowing what factors the court considers, beneficiaries can gain clarity and ensure the deceased’s final wishes receive proper respect.
