What if your loved one has multiple Wills?

Leaving a Will is an important step in ensuring your loved one's assets are distributed in accordance to their final wishes. However, having multiple Wills can create confusion and lead to disputes among beneficiaries. If you've discovered that your loved one has multiple Wills, consider some of these key considerations.

It's not uncommon for a person to have written and revised multiple Wills throughout their lifetime, due to significant events such as marriage, divorce, the birth of children or the death of their own loved ones. A general rule of thumb is that a newer Will will negate an older one. However, if more than one Will is presented to the probate court, a determination must be made as to which Will is valid. Some reasons for this include:

Not all Wills may be valid

For a Will to be considered valid, it must comply with legislation on succession and inheritance as outlined in the individual's state of residence. Usually it is also signed by the testator and attested (that means witnessed) by two witnesses. If your loved one frequently changed or updated their Will, they may not have fulfilled all necessary steps to validate the document.

Should the courts disregard the most recent Will, a previous version must be used instead. This however can be difficult to determine which previous version is valid if multiple exist.

The Wills may not be recent enough

Even if multiple Wills exist, your loved one may not have produced one close enough to the date of their death for the document to be relevant. This can happen due to life-changing events that may distract the individual from updating their Will.

It's important to update a Will regularly anytime life and priorities change but also as a routine part of managing financial health and wellbeing. Having an online Will allows for easy revisions and updating from the comfort of home, producing a new version in moments.

Testamentary capacity may have been lacking

Writing multiple Wills, especially over a short period of time, could indicate that your loved one was having difficulty deciding how to distribute their estate upon their passing. This could be due to disputes with beneficiaries, changes in wealth or the birth or death of family members.

It is also important to consider if your loved one had cognitive illnesses such as dementia, which may have caused confusion or forgetfulness, resulting in the production of multiple Wills. This is particularly important if the validity of the most recent Will is in question or if the Will is being contested. Those who may contest the Will may argue that the frequent creation of multiple Wills suggests that the testator was not of sound mind when writing them.

Multiple Wills can suggest doubt

Judges also consider the testator's testamentary intention when ruling on a family provision claim. Testamentary intention refers to the intent of the Will to be the final and last Will and Testament. This is usually expressed in a clear statement at the beginning of the Will, identifying the testator and their intention to make the Will and revoke any previous Wills.

The absence of this statement may raise questions about the intent of the document to be a Will. Though courts take the decision to disregard a testator's final wishes seriously, this uncertainty may lead to disputes over inheritance.

Wrap up

The Will that is considered valid and controls the distribution of your loved one's estate is the most recent one that was properly written and signed. However, if there are any concerns or disputes about the validity of the latest Will, an earlier Will may be the correct one and should be used instead.

It can be a difficult time when a loved one passes, and the last thing you want to worry about is whether you're carrying out their final wishes correctly. That's why talking to an expert who can guide you through the process of executing a Will can bring you peace of mind. They can help ensure that your loved one's true wishes are honoured, even after they're gone.

By Kirsten Jakubenko