Is a will still valid if it has never been updated?

Asked over 2 years ago - Loris, SC

My parents made their will over 20 years ago. Since then, my father and brother have passed away. I was named executor in the event of my brother's passing. I am not sure if the will be ever be updated. Is it legal?

Attorney answers (3)

  1. Evan Kyle Guthrie

    Contributor Level 15

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    Answered . If the will was properly executed it is valid or legal. The death of beneficiaries or named personal representatives of a will does not invalidate the will. If you are the successor personal representative named in the will you will have the opportunity to be the PR. Contact a probate lawyer for more info.

    Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter https://twitter.com/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-gut... LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/a... Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Answered . If it was legal and properly completed-it does not have to be updated to be legal.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

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    Answered . The Will continues on in effect, indefinitely. Of course, in light of the deaths of some of the beneficiaries, the distribution might not be what your parents would have wanted. Presumably, if the Will did not reflect their intent, they would have made adjustments.

    If your mother is competent, you may want to suggest that she at least review her Will with an attorney to make sure it is still what she wants. She should also have an up to date Durable Power fo Attorney form, which names someone who can take care of her and her financial affairs, if she ever becomes incapacitated.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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