If there is a Will in place, can another Will be created and supercede the first one?
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If there is a Will in place, can another Will be created and supercede the first one?
Asked on July 25, 2018 under Estate Planning, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A Will can be replaced but another later Will. That is so long as it is properly executed (signed) and witnessed pursuant to specific state law. Typically, the proper way to do so is to revoke any and all previous Wills under the terms of the new Will.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, a will can, at any time, be superceded and replaced by another will, so long as the second will is properly signed and witnessed. Wills, after all, have no effect until the testaor (person making the will) dies; since the will has no power pre-death, it maybe freely revised or replaced.
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