If a loved one passes away, it may be a relief to locate their will. That’s especially true if they didn’t discuss it with anyone, and you weren’t sure they even had one.
What happens, however, if you find multiple wills? That’s more common than people realize. If you do, it’s important not to discard any of them, even if some appear to be more formalized than others or you find one that is dated more recently than the other documents.
The one with the most recent date would typically be the one that’s used to administer the estate. However, it’s crucial to confirm that it’s valid – and that it actually is the last one the deceased created.
All wills and any other estate plan documents you can locate need to be submitted to the probate court. A judge will then review them and determine which one – if any – is the one the deceased intended to be their “last will and testament” when they passed away.
Turning them over to the probate court
Certainly, finding multiple wills can create confusion, conflict and even chaos in a family. Maybe the deceased changed one heir’s inheritance or removed them completely in one version, for example. Maybe they made handwritten notes or crossed things out in one version. They may have listed different executors in different versions. Perhaps some versions are undated. These are just a few possible scenarios.
Once the probate court rules on which, if any, of the documents will be considered the deceased’s will, you have a right as an heir to challenge it under the appropriate circumstances.
When can you challenge the will?
These circumstances typically involve either disputing the deceased’s ability to create a valid will or proving the existence of fraud. The most common scenarios are the following:
- You believe your loved one lacked “testamentary capacity” when they wrote or amended the will because of cognitive decline or other health issues.
- You think someone exerted “undue influence” on your loved one by tricking or coercing them into making changes.
- You believe someone else made changes without your loved one’s knowledge or consent.
Obviously, any one of these possibilities is serious. That’s why you’ll need to present solid evidence confirming your beliefs to the court. If another family member or other beneficiary fights you on it, a nasty court battle could ensue. By getting sound legal guidance as early as possible, you can help ensure that your loved one’s true final wishes are honored.