What If There Are Multiple Wills?
Discovering multiple wills after a loved one’s passing can be confusing and emotionally stressful. Family members may wonder which will is valid, whether someone tampered with the documents, or if the latest version truly reflects the deceased’s intentions.
In Florida, multiple wills are not unheard of, especially if the deceased updated their estate plan over time. When conflicting estate documents surface, consult with an experienced Palm Harbor estate planning lawyer to resolve disputes and ensure the correct will is followed.
Which Will Is the Correct Will?
There are several legitimate reasons why multiple wills may exist:
- Routine updates. People often update their wills after major life events such as marriage, divorce, the birth of a child, or a significant financial change.
- Outdated copies. Older versions may still be in circulation, even if they’ve been replaced by newer wills.
- Unclear revocation. The deceased may not have clearly stated that a new will revokes all prior wills.
- Different jurisdictions. A person who lived in or owned property in multiple states or countries may have created separate wills for each location.
- DIY mistakes. Homemade wills and online templates can lead to inconsistencies if not properly executed or updated.
Sometimes, these wills conflict, and not just in wording. There could be changes in the overall distribution of assets, appointment of executors, or beneficiaries. This can create tension among family members, especially if one version significantly favors certain individuals over others.
The valid will is typically the most recent will that meets the legal requirements. To be valid in Florida, a will must be in writing, be signed by the testator (the person who made the will), and be signed in the presence of two witnesses, who also sign the will in the presence of the testator and each other.
A later-dated will that satisfies the proper legal conditions generally revokes all prior wills, especially if it includes a revocation clause that explicitly states it nullifies earlier documents. Yet problems arise when there’s no clear indication that older wills were revoked or the most recent will has execution errors. Additionally, if there are allegations of undue influence, fraud, or diminished capacity, it can complicate matters. In these cases, probate litigation may be necessary to determine which will should be honored.
How Can an Attorney Help Me?
Legal guidance is crucial when it comes to untangling complex will disputes and ensuring your loved one’s true intentions are honored. A Palm Harbor estate planning lawyer can review all wills and codicils (will amendments) for legal validity. If necessary, they may also investigate the circumstances under which each document was created and gather witnesses or medical evidence should mental capacity be called into question.
Did you uncover multiple wills after a loved one’s death? If so, don’t panic, but don’t delay either. These situations require prompt legal action to protect assets and prevent lengthy family disputes. The qualified attorneys at Miaoulis Law will guide you toward a fair and lawful resolution. If you live in Palm Harbor, FL or Pinellas County, FL, book a confidential consultation today.
