If I created a will about 5 years ago with my wife, can I create a new will that will override that older will?

When you execute the new will, just make sure it revokes all previous wills.

Assuming you have not entered into any contract or prenuptial agreement with your wife regarding the content of your Will you are free to revoke your prior Will at any time and replace it with a new will. Do not go to the lawyer who prepared your prior Will as he/she may have a duty to disclose the fact that you are changing your will to your wife since she is also his client. Be sure to use an attorney who works extensively in the area of estate planning so that PA elective share or other similar rules can be fully explained to you.

Very truly yours,

Ed Smeltzer

NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

You should know that even if you are successful in changing the Will without your wife's knowledge, she may have the right to "elect to take against the will." This may override the terms you provide in your Will.

You should also know that any assets you hold jointly with your wife, or assets with her as the beneficiary, would not be covered by your Will and such assets would pass directly to your wife, in the event of your death.

James Frederick