If my dad filed a Will with the court but later made a new one he didn’t file, which one is valid?

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If my dad filed a Will with the court but later made a new one he didn’t file, which one is valid?

Asked on December 20, 2012 under Estate Planning, Washington

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

A person who executes a will, does not file a will with the court. A person can execute amendments to a will, or revoke a will, or execute a new will revoking any prior wills.

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

It is likely that the second will is the valid will.  Most form wills, and most wills prepared by lawyers, state that they revoke all prior wills.  If your Dad's second will says this, the second will is the only valid will, even though he filed the first one.  If the second will does not say this, then the two wills will be harmonized.  If two provisions conflict, the most recent provision will control.


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