Is it possible to have two valid Wills if they don’t contradict each other?

As a general rule when a person makes a new Will, it will contain a clause revoking all previous Wills that they have made. This is commonly referred to as a revocation clause. If you have two valid Wills signed on different dates, that do not contain a revocation clause the Court will deal with your Wills, in accordance with the principles of implied revocation.

The principle of implied revocation means that, where a person’s later Will deals with the whole of their property, the Court implies that the previous Will is revoked. However, where a person’s later Will does not contain a revocation clause and is partially, or totally inconsistent with an earlier valid Will, then the earlier Will is considered to be revoked to the extent of that inconsistency.

In summary, the Court will attempt to deal with Wills not containing revocation clauses, as standing together where the later Will prevails over the earlier one, if there are any inconsistencies.

Even if your Wills do not contradict each other, having two valid Wills may increase the legal costs of administering your Estate. This is because when a person dies, it is necessary for the Executors named in the Will to make an application to the Supreme Court for a Grant of Probate, to allow for administration of the deceased’s Estate and distribution of the assets to the beneficiaries named in the Will.

If you have two valid Wills, it means that the Court will be required to determine whether there are any inconsistencies between the Wills and make a decision on whether any or all of your previous Will has been revoked.

Even if the Wills do not contradict each other, this type of Court application is expensive and the costs are generally payable from your Estate. To avoid future court proceedings, you should make one Will dealing with all of your property. This Will should contain a revocation clause so that your previous Wills are revoked, which means that there can be no issue over whether you meant this Will to be your final Will.

There are a number of procedural requirements that need to be satisfied under the Succession Act to ensure that your Will is valid, including having the Will witnessed. To ensure that your final Will satisfies the procedural requirements, you should have your Will drafted by an expert lawyer who will ensure that your Will is valid and that it will distribute your property to your beneficiaries, in the way you desire. An expert Wills Lawyer can also assist in minimising the potential for a family provision claim against your Estate.

Key Takeaways

  • Include a revocation clause when making a new will to avoid inconsistencies with previous wills. This clearly communicates your intent that the new will is your final will.
  • Having only one current valid will minimizes confusion, legal disputes, and administrative costs after you pass away.
  • Consult an expert lawyer when creating or updating your will to ensure it is legally valid and reflects your wishes.
  • Periodically review your will to keep it up to date as your circumstances and wishes change over time.
  • Make any minor updates to your will by a codicil. More significant changes require a new will with a revocation clause.
  • Requirements for a legally valid will include being over 18, having it in writing, signing it in front of two witnesses, and having testamentary capacity.
  • Having an expert lawyer draft your will helps minimize the chances of a successful family provision claim against your estate.
  • Contact the experienced wills and estate planning lawyers at Barwick Boitano for assistance creating, updating, or reviewing your will.
  • Proper estate planning through an up-to-date will ensures your assets are distributed as you wish after you pass away.

Frequently Asked Questions

What happens if I make a new will without revoking previous wills?

If you have two valid wills that do not contain a revocation clause, the court will apply the principle of implied revocation. This means your later will prevails over the earlier one to the extent they are inconsistent. Even if the wills do not contradict, having two valid wills can increase legal costs in administering your estate.

How can I revoke a previous will when making a new one?

Include a revocation clause in your new will stating that you revoke all prior wills and codicils. This clause clearly communicates your intent that the new will is your final will and prevents any inconsistencies with previous wills.

Why should I have only one valid will?

Having only one current will helps avoid confusion and additional legal proceedings after you pass away. It also minimizes administrative costs that reduce the value of your estate. Ensure your will disposes of your entire estate to avoid unintended partial intestacy.

Who should draft my will?

You should have an expert lawyer draft your will to ensure it satisfies all legal requirements and clearly reflects your wishes. A lawyer can help minimize the chances of a successful family provision claim. Barwick Boitano lawyers have expertise in wills and estate planning.

How do I update my will?

Minor changes can often be made by a codicil. More significant updates require creating a new will with a revocation clause. Consult a lawyer to determine the best approach for your situation. Periodically reviewing your will ensures it remains up to date.

What makes a will legally valid?

The main requirements are that you must be over 18, the will must be in writing, you must sign it in front of two witnesses present at the same time, and you must have testamentary capacity. A lawyer can ensure your will meets all legal requirements.

How can I get help creating or updating my will?

Contact the expert wills and estate planning lawyers at Barwick Boitano. Call (02) 9630 0444 or email fjb@bblawyers.com to schedule a consultation. We provide guidance on creating legally valid wills tailored to your specific circumstances and wishes.

If you need a new Will or advice on Estate Planning call Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com for an appointment.

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