Legal Question in Wills and Trusts in California
Two wills at time of death
My grandmother left two wills, one stating two of her children as the power of attorney/executors and a later one that states only one of the children. The later will still names one of the children from the original will. Which will is valid?
2 Answers from Attorneys
Re: Two wills at time of death
the latest one is probably valid. does it revoke all previous wills? if not, then it may be a codicil and not a new will.
Re: Two wills at time of death
The validity of a will has nothing to do with the content, except to the extent that it may impact upon evidence of the competence of the person making the will. A later will supercedes the earlier one assuming it is valid. Validity depends upon it being executed with the proper formality and witnesses that can prove the competence of the person, etc. The persons submitting a will for probate has the burden of proving the will is valid.
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