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If another will is discovered that is different from the deceased person’s original will, then you should contact an attorney as soon as possible. To determine which will controls the administration of the estate, each will must be assessed. To assist you in addressing issues created by differing wills, contact the New Jersey estate planning lawyers from Law Offices of Faloni & Associates.
Which will controls when there are different terms?
If a person has two wills with different terms, then it must be determined if the most recent will is valid. In order for the more recent will to be valid, it must comply with certain legal formalities. Some things to consider include:
- The person’s state of mind when they made the will
- Whether the will was signed by the deceased person
- Whether the signing of the will was witnessed
- The identities of the witnesses and whether they have an interest in the estate
- If there is evidence that the person signing was under duress, coercion or undue influence
- Whether the previous will was revoked
- If the new will contains terms that are unreasonable or unfair
An experienced attorney can assess both wills and provide an opinion as to which will or which terms within the wills control. If it becomes necessary to take legal action in connection with the will issues, then an attorney can provide legal representation in a probate court action.
How can we help?
Our New Jersey estate planning lawyers can provide legal advice about wills and other estate issues. We will help you understand how the law applies to your situation. If you have concerns about different wills, then contact the Law Offices of Faloni & Associates to learn how we can help.