Does a new Will revoke an older one?

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Does a new Will revoke an older one?

I replaced an older Will that stipulated upon my death that all my possesions be sold and the proceeds put in a trust to help pay for funerals for poor people through my local funeral home. I have since created a new Will specifically stating in there that I do not want to bequeath anything to that entity.

Asked on March 9, 2013 under Estate Planning, Kentucky

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Yes, your new will revokes the prior one.  It is a good idea, however, to destroy the original and all copies of the prior will.  You probably can also file the new will with the Probate Court in your county.  Most states allow people to file their wills.

If the funeral home has a copy of the old will, you should have your lawyer write to them advising that the will has been revoked and they should destroy any copies in their possession.  This will avoid confusion should the funeral home produce the old will.


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