Is the 1971 joint will enforceable in Pennsylvania despite a later will?

Full question:

My maternal Great aunt and Uncle made a will together in 1971. The lawyer drew up one document that they each signed, had witnessed and notarized according to PA law. The will stated that when one spouse passed, the remaining spouse would get the house, etc and when that spouse passed everything (really all they have is the house) would go to my sister and I. First my Great Aunt passed. When my Great Uncle passed last year, the person taking care of him, (And I use that term very loosely) (a cousin) produced a will that showed that my sister and I would get nothing and she would get everything. It was dated 16 days before his death. First, the 1971 was a joint will and I wanted to know if it is still valid and could not be changed. Second, the will was dated 16 days before his death and she never notified us. In fact she put it all in motion using her own attorney to come to the house etc. My uncle would never had done this and this women was his dead wife's sworn enemy. We were going to try to prove undue influence. But then I read about joint wills. Second, two years before she had the same attorney draw up a will leaving the house to us and she got the furniture. My uncle refused to sign it letting the 1971 will stand. Question: is the joint will in 1971 enforceable and the one she has dated 16 days before his death invalid in PA? Or do we need to prove undue influence?

• Category: Wills and Estates
• Date: 04/07/2025
• State: New York

Answer:

A joint will typically indicates that each partner intends to leave everything to the surviving spouse, and if both partners die in a common disaster, their assets go to their children. There is debate about whether a surviving spouse can revoke a joint will, leading to various legal disputes.