What to do about a subsequent Will that the maker no longer wants honored?

When my wife and I married 31 years ago, we moved into her house and made a Will for each of us, giving all to the other. About 20 years ago, she was angry and drew up another Will without my knowledge. It left everything to her children. Recently she told me about this and that she gave copy of the Will to her son. He says that he through it away because he knew she was not serious. Can this come back to haunt us if either of us die. We are currently 80.

Asked on September 14, 2014 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if that was the last will, it is still in force, so if her son "conveniently" finds it after her death, assuming that it was properly executed, it will determine how the property is distributed.

Your wife can invalidate this will: she would do so by drawing up and executing a new will, which states that it replaces all prior wills. That's the way to make sure it does not come back and haunt you.

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