Estate Law Questions? Ask an Estate Lawyer.
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No, the attorney does not have to give you a copy of both wills. Upon writing a new will, the will with the earlier date becomes invalid. If you have a will challenge based on mental capacity to enter into the new will, you must file a motion to contest the will that was submitted to probate and as part of that, like the attorney told you, you would have to issue a subpoena to the attorney for the previous will and once you receive that and prove your father was not mentally competent at the time he changed the will, the court would admit the first will to probate and invalidate the second.
The attorney was correct in what he told you on this matter and you would need to get your own attorney to file your will contest in court to challenge the current will in probate.
Thank you for your reply.Unfortunately, you cannot do so. You must file the motion to contest the will in the probate court first before you can obtain any subpoena.