What Happens When There Are Two, Conflicting Wills?

Let’s say that someone passes away, and they leave a will. The will seems complete and clear, and presumably, created when the deceased was of sound mind. It seems like there are no problems.

But then, it happens: out of the blue, someone uncovers another will, from the same person, devising the exact same things, and there is a conflict between the first and second will. How did this happen, and what do you do now?

How Can Multiple Wills Exist?

Let’s clarify, that we’re talking about two wills, that deal with the same things, and which contradict.

It is actually possible (and sometimes advisable) to have multiple wills—for example, someone with property in multiple states may have wills in each state, each one compliant with that state’s laws. But there, the multiple wills are intentionally done and there would presumably not be any conflict between them.

It is more common than you may think, for there to exist two contradictory wills.

Sometimes, someone creates a new will, but never destroys the old one, or else, never says in the new will, that it is more current or that it supersedes old wills. Some people may think their old will is lost, so they then create a new one…only for the old one to reappear after death.

Sometimes there is a technicality or formality, such as when one will is not properly executed and the other is. Or, there are situations when someone who is not of sound mind—say, they have dementia, writes a will, completely unaware they already have a valid will in existence.

Which is More Recent?

Assuming the wills are properly executed, with witnesses, there would be dates on those wills explaining to the court which one is more recent, and thus, the valid will.

In some cases, the court may have to use extrinsic evidence, to determine which will is the more recent one.

For example, if one will mentions a currently living pet and the other does not, it may be assumed that the first is more recent.

Wills may talk about beneficiaries being minors, and in the other, that same beneficiary is regarded as an adult, indicating it is the more recent one. The court may even look at physical damage to the will, which may indicate an intent to tear up, throw away or destroy that will.

Formalities or Lack Thereof

Formalities in will execution can come into play or lack of them.

If will 1 was the oldest, and will 2 is more recent, will 2 should “prevail” and be the operative will. But what if will 2 was never formally and properly executed? Is it invalid because of that, thus making will 1 the operative will? In many cases it may be—even if will 1 isn’t an accurate reflection of what the deceased actually wanted, which we assume was stated in the invalid and improperly-executed will 2.

Call the Torrance probate will and estate attorneys at Samuel Ford Law today if you have a problem with your will, trust, or any other part of your estate plan.