Legal Question in Wills and Trusts in New York
Two Wills
What if there are 2 wills. One was prepared in 1993.Left in a safe box in bank that was supposed to be destroyed. The new one was prepared in 2001. The original 1993 will was notarized with 2 witness'. The new one has only 3 witness signatures. The conditions surrounding the diceased changed. He was estranged from his children and recently reconcilled. The original will leaves all to one grandchild. New one mentions all grandchildren as well as the previously estranged son. Would there be a cause for action if ex wife who in original will was listed as executrix brought forward old will to contess new one
2 Answers from Attorneys
Re: Two Wills
If the 2001 will is properly executed and witnessed and states that all previous wills and codicils are revoked, there is every reason to conclude that the 2001 is valid and binding.
Re: Two Wills
Generally ,the later will, if properlu executed controls. The will usually provides that if revokes all prior wills.
Daniel Clement
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