Is dads will valid
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Is dads will valid
Mom has alzhiemers and was put in a home due to dementia issues. Dad had a will
drawn up recently updating an old will which he and mom had done years ago. Dad
then passed away unexpectedly before mom. Mom then passed 6 months later.
My question is …… Is Dads most recent will the valid will or would they go by
the previous will that mom and dad had done?
He made changes in the last will due to changes in circumstances within the
family.
Asked on June 13, 2018 under Estate Planning, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The more recent will he did is valid for him. However, for her, her old will is valid, since if she had dementia, she was not mentally competent to create a new will. Even if they are choosing to use the same will, they are separate people: he has the right and power to revise or update the will in regards to him, but she must posses the legal (i.e. mental) capacity to update the will in regards to her, or else the old will remains in effect for her.
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