Legal Question in Wills and Trusts in Maine

Filing of Wills

Is there ever a circumstance where a will can be filed which is not the most recent, even though the estate representatives and attorneys know it is not the most recent. In other words, if a will were written in 1995, another in 2000, and another in 2006, is there any circumstance whereby the 1995 will could be filed with the probate court, or does the most recent always take precedence?


Asked on 8/21/07, 10:43 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Filing of Wills

The most recent Will should be the Will that the Court admits to Probate; however, if the most recent Will is lost, or is alleged to be the product of undue influence or improperly executed, then a prior Will may be admitted after litigation and a decision by the Judge.

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Answered on 8/21/07, 3:00 pm


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