Can a prior will be revived if the subsequent will is no good?

Asked almost 2 years ago - Dobbs Ferry, NY

If a person executes a new will but the will fails probate because it is not properly executed can the first will be submitted for probate?

Attorney answers (4)

  1. Richard Albert Luthmann


    Contributor Level 14


    Lawyers agree

    Answered . Yes. Please hire a trusts and estates to guide you here.

    This answer is made for educational purposes only. By using or participating in this site you understand that... more
  2. Maria C. Tebano

    Contributor Level 15


    Lawyers agree

    Answered . Yes, but you should really discuss this with an attorney.

  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It is possible, but it is not automatic, by any means. What you are referring to is "dependent relative revocation," which is defined, here:

    It is a complicated situation and you need a probate lawyer to analyze your facts and the documents in question.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . It depends on the state law that controls. Some states revive the first will. Some treat the second ineffective will as invalidating the first will.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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