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  1. #1

    Default Effect of a Prior Will

    My mother in NC died leaving a will. However, that will was dated 2004 and she had since gotten married. We (her daughters) get along well with her husband so I do not expect any problems as far as a contest of the will goes. The final will was type-written without any added changes and signed by two witnesses, but not notarized.

    In 1994 my mom sent three "original" wills (holographic) to me and my two sisters. About a year later she called requesting that we destroy that will, then sent me her new will. Apparently, she never sent my sisters copies of her will as she changed it, but she did change it several times over the years, always asking me to destroy the will in my possession, then sending a new will.

    Because she was entrusting her wills to me, I did destroy the old wills per her wishes, however, one of my sisters held on to the old will. The 1994 will had much more detail and specific items going to me and my sisters.

    So now, my sisters are not thrilled with the new will. My older sister recently spoke with an attorney regarding the probate of the estate since the named executor has not yet probated the will (an out of state family member). When my sister spoke with the attorney she mentioned that she had this other will if there was any problem with the current will.

    To be honest I've a bit peeved that she is waving this will around when she knows it should have been destroyed more than 10 years ago and since she knows that there were several intermittent wills (as the wills were always sealed and labeled 'do not read except on my death' I also never read any of them, so no one knows what they said and no one even know what the 1994 will said until after my mom died).

    My question is, what if any could the effect of the 1994 will be if the current will is contested? Should I have kept that stack of old wills despite my mother's wished to the contrary?

    Thanks.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Effect of a Prior Will

    Q: My question is, what if any could the effect of the 1994 will be if the current will is contested?

    A: If the second will is somehow declared invalid, then the first will may be valid. It will be up to the court to decide both questions.


    Q: Should I have kept that stack of old wills despite my mother's wished to the contrary?

    A: A moot question.

  3. #3

    Default Re: Effect of a Prior Will

    The 2004 will is good unless there is some type of problem with the execution. If it was done correctly there is a clause in it revoking all prior wills. The husband can claim a part of the estate if he wishes. If the 2004 will is held to be invalid the court is likely to order the estate be distributed according to the intestate statutes.

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