Is dads will valid

UPDATED: Oct 1, 2022

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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

Asked on June 13, 2018 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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