Legal Question in Wills and Trusts in West Virginia
Confusion over wills
I have an original will signed in 2000.The testator signed a new will in 4/2006. He destroyed the original of the 2006 will and indicated that he wanted the original will to be probated. this was done verbally. He died before it could be done in writing. The first will was done in WV, the second in another state. Is a copy of the second will admissable in court to indicate the 2000 will had been revoked? Orginal probate will be in wv. There may be a question of undue influence in the matter of the second will.
1 Answer from Attorneys
Re: Confusion over wills
The beneficiaries of the first will should seek a lawyer. It sounds like the textbook application of the "dependent relative revocation" doctrine. Which is based on the theory that the decedent would want to revive the previous will. The doctrine is applicable even in the absence of the express desire to do so.
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