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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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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: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

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

Expert:  Loren replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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Additionally, when a will is missing the presumption is that it was revoked.