Does a new will override an old will?
Does a new will override an old will?
When you draft a new will, does it override an old one? That depends on how you drafted the old one. If you had your old will drawn up by an attorney, then the new will will not override it in most cases; however, if you prepared your old will on your own using self-help software or a do-it-yourself kit, then the new will should take precedence.
Here's why: A properly drafted last will and testament is a legal document that is witnessed, signed and sealed according to state law. It’s been submitted for probate with the court system, which accepts jurisdiction over all wills in the state. Under these circumstances, a new will cannot supersede an old one. Note that this applies only to wills that were prepared by an attorney; if you try to change a last will and testament that was prepared by yourself or another party without following the rules established by your state’s laws, it's just as invalid as an unsigned piece of paper.
New wills have to have their execution witnessed and attested to by at least two disinterested persons who are not beneficiaries under the terms of the document. This ensures that no one can claim later that they never saw the new will.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.