How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

If a decedent left two Wills, executed 1 month apart

Customer Question

If a decedent left two Wills, executed 1 month apart (October and November 2013), naming the same heirs and months later (May 2014) executes a codicil stating they don't want the parties named in the first Will and specifically identifies only the first Will including the names of the witnesses (they witnessed only the first Will) does that codicil also apply to the second Will?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Loren replied 10 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to answering your questions.

Expert:  Loren replied 10 months ago.

Did not the second will contain language stating it revoked all prior wills?

Customer: replied 10 months ago.
No, it didn't. The first Will had come up"missing" and it states if the first Will wasn't found prior to her death the second Will would be effective. The first Will was not found prior to her death.
Expert:  Loren replied 10 months ago.

Thank you for the additional information.

The very act of executing the second will has the legal effect of revoking any prior wills. That would include any codicils executed as addenda to the first will. In other words, the codicil can not amend a revoked will.

Additionally, when a will is missing the presumption is that it was revoked.

Related Estate Law Questions