Which Will Takes Precedence When There Are Two?
Many people who update their wills fail to take care of earlier ones and, therefore, leave more than one will for executors and probate courts to scrutinize. Delays, confusion and conflicts may be the result of leaving multiple wills behind. If you are updating your own will, your new one will likely include a statement saying that it replaces any earlier wills. Even so, the safest way to prevent dilemmas over the existence of two or more wills is to destroy any previous ones upon completion of the most up-to-date document.
Often, however, it is only after someone’s death that the question comes up about what to do when there is more than one will. If you are an executor (personal representative) or a potential beneficiary of a will, it is best to seek a lawyer’s help in this case. At Gudeman & Associates, P.C., we offer our clients the benefits of our extensive knowledge of probate and estate administration. We can help you resolve obstacles such as the need to discriminate between two or more wills.
How To Determine Which Will Is The Right One
Normally, the most recent will – if it was properly executed – is considered to be the valid one. However, there may be reasons to doubt the validity of any will. Was it signed correctly? Was the signer competent? It may take some forensic evaluation to determine answers to these questions. When the stakes are high for potential beneficiaries, a will contest may develop. The person contesting the will may contend that a newer will or a previous one was written under undue influence or has other legal defects.
Whether you are in the position of honoring the decedent’s wishes expressed in a will or you are a potential challenger, our Michigan probate lawyers can help you resolve any controversies over alternate will versions efficiently and securely.
Get Ready To Execute The Correct Will Without Delay
The last thing you want to do as an executor or personal representative is waste time or leave room to doubt that you have performed your fiduciary obligations correctly. To prevent a will contest or protect yourself as well as the decedent’s expressed wishes, contact a probate law attorney at Gudeman & Associates, P.C. From our metro Detroit area offices, we serve clients throughout southeast Michigan.