Legal Question in Wills and Trusts in District of Columbia
Amendments to will unsigned before death
If an individual amends his will because his original beneficiary dies; but dies before he can sign it. Can the new will be recognized if all concerned are in agreement or are the assets disbursed to the heirs of the original deceased beneficiary? There was a witness to the drawing up of the second will. Are there any legal means available to make certain that the deceased changes are honored?
1 Answer from Attorneys
Re: Amendments to will unsigned before death
Yes, the orignal will could be challenged by one or more of the potential beneficiaries of the new
will which was never signed by the deceased testator but which should ostensibly be more reflective of this testator's true intentions with
respect to how he or she might have wished his or her estate to be divided up among the presumed beneficiaries.
In order for the later unsigned will to be admitted to probate over the prior one, a hearing might well be necessary in the court having jurisdiction over the matter unless the issues can be resolved without the necessity for such hearing by simply having the executor file the appropriate papers with the probate clerk who should be able to advise the parties as to what exactly is required to resolve this matter.