Legal Question in Wills and Trusts in Pennsylvania

I had a will drawn up several years ago. I decided to make a few changes to this will.

I now want to go back to the original document. If I destroy the second document, will the first will be legal?


Asked on 9/11/09, 9:56 pm

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

You have various options but your best bet to avoid any potential legal issues would be to make a new will substantially the same as the original will. Generally when a person wants to change a will he or she can make a codicil to add or subtract provisions. A person can make as many codicils as they want. However the codicils can get lost and the idea of attaching numerous codicils to a will makes interpretation and in same cases competancy an issue. When a new will is drawn the practice is to destroy all copies of the prior will. This is to avoid confusion in the case the new will is lost or destroyed and the original will is then found. This often can lead to will contests etc. In your case I assume you did not destroy the first will, however you probably indicated in the second will that you were revoking all prior wills. I would suggest to avoid potential issues that you have a new will drafted even if it is substantially the same as the original will. Your best bet is to consult with an attorney to review the situation and your intentions.

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Answered on 9/17/09, 10:58 am


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