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What happens if a duplicate will is created on the presumption that the first will is lost?

What happens if a duplicate will is created on the presumption that the first will is lost?

Q: Can there be two original copies of a will?

Yes, there can be two original copies of a will, often referred to as duplicates. However, if one is revoked or destroyed, it may affect the validity of the other. It's crucial to ensure that the intent to revoke is clear to avoid legal complications. Always keep track of which version is intended to be the active will.

Q: What happens when your dad dies and there is no will?

If your dad passes away without a will, his estate will be distributed according to state intestacy laws. This typically means that assets will go to closest relatives, such as a spouse or children. The probate court will oversee the process to ensure fair distribution according to state guidelines.

Q: What makes a will null and void?

A will can be considered null and void for several reasons, including lack of proper execution, if the testator was not of sound mind, or if it was created under undue influence. Additionally, if a later will or codicil revokes an earlier will, the earlier document may also be rendered invalid.

Full question:

My dad made a duplicate will when he couldn’t find his first will. Later, we found his first will in his closet. What should he do with the two identical wills? He wants to keep the first will. Please advise.

Category: Wills and Estates
Date: 04/07/2025
State: California

Answer:

Your dad may tear, burn, cancel or destroy the subsequent will if your dad intends to revoke it. The relevant law in this scenario would be- Cal Prob Code § 6121 which reads-

“A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator's presence and by the testator's direction.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you have two wills?

Having two wills can create confusion about which document is valid. Generally, the most recent will is considered the valid one, provided it was executed properly. If one will is revoked, it should be destroyed to avoid any disputes. In some states, like California, if a duplicate will is destroyed with the intent to revoke it, the other will remains valid (Cal. Prob. Code § 6121).

Can there be two original copies of a will?

What if I can't find my dad's will?

If you can't find your dad's will, it's essential to search thoroughly in places where he might have stored it, such as safes or with legal documents. If a will cannot be located, the estate may be settled according to state intestacy laws, which dictate how assets are distributed without a will. Consulting an attorney can provide guidance on the next steps.