What happens if you pass away with multiple wills?
If you pass away with multiple wills in England and Wales, the most recent valid will shall be used to distribute your estate. A will is considered to be valid if it is made by a competent person, and is correctly signed and dated by two witnesses.
You can only have one valid will to distribute your assets, but you may have multiple codicils. A codicil is a written document that amends or adds to a will. Similar to the original will, a codicil must be signed by you in the presence of two witnesses who are not beneficiaries or closely related to beneficiaries of the will.
If a more recent valid will is found at a later date, it will revoke the previous will, regardless of whether the previous will has already been distributed. This is because the law in England and Wales presumes that the testator (the person who made the will) intended the most recent will to be their final wishes.
The executors of the estate (the people who are responsible for carrying out the terms of the will) must apply to the Probate Registry to revoke the previous grant of probate and issue a new grant of probate in favour of the executors named in the more recent will. If the estate has already been distributed, the beneficiaries under the previous will may be required to repay any assets that they have received.
It is important to note that there are a few exceptions to this rule. For example, if the more recent will is found to be invalid, then the previous will will remain valid. Additionally, if the testator revoked the more recent will, then it is usually considered invalid. A will can be revoked by destroying it, crossing it out, or making a new will that specifically revokes the previous will.
If you make another will, the following steps can help to ensure that the latest one is used when you pass away:
Make sure that your will is signed by you in the presence of two witnesses who are not beneficiaries or closely related to the beneficiaries of the will.
Keep your will in a safe place where they can be easily found after your death.
Notify your executor(s) if you make a new will.
If you revoke a will, make sure that you do so in a way that is clear and unambiguous, for example, destroy the old will or cross it out so that it is clear that it is no longer valid.
By following these steps, you can help to ensure that your estate is distributed according to your latest wishes. It can also save your executors and your loved ones a lot of time, stress and potentially legal costs if they are unsure of whether they have your most recent valid will when you pass away.
