If a loved one never got around to having a discussion about their will with you, you’re not alone. Many families are left to go hunting through desk drawers, cabinets, safe deposit boxes and more to find a loved one’s will after they die – without knowing for sure that they even had one.
You may be relieved to find a will – especially if it appears to be the finished product and valid. But what if you find yet another one – and maybe another? A person who is elderly and suffering some cognitive impairment or memory loss may forget that they have a will and write another one. Even handwritten (holographic) wills are legal in Texas if they meet the witness or “self-proving” requirements.
In some cases, families will find a copy of the original will with handwritten notes or sections crossed out and replaced with other information – including names of beneficiaries. These changes may not be dated.
Certainly, all of this can be very stressful if it’s not clear what a loved one’s final wishes were. It can lead to intrafamily legal battles if there are substantial assets involved.
The most recent one may not be the valid one
If multiple wills are located, it’s important not to destroy any of them. They should all be submitted to a probate court for a decision on which will is the one that will be recognized. That’s usually – but not always – the one with the most recent date.
If that one isn’t legally valid for any number of reasons (including lack of testamentary capacity, undue influence or fraud), the court may have to determine how the estate will be settled. A surviving family member may still contest the will if they believe it doesn’t represent their loved one’s wishes for one of these reasons (or others).
To contest a will, it’s crucial to have sound evidence that it’s not an accurate reflection of the deceased person’s (testator’s) intentions. Having experienced legal guidance is crucial to making the strongest possible case.