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My uncle wrote his will in the past. If he writes another will today, will the new will be the legal will?

The details are the same as above. My uncle thinks that the will he wrote a long time ago cannot be changed. He needs to know if he write a new will, is the new will the valid will. And can he throw away the old will because it is no longer legal?

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Attorney answers (5)

Reputation Level 11
Any will can be amended or replaced with a new will. If a new will is written and properly witnesses according to state law, the old will should be destroyed. This will ensure there is no mistake about the intention of the new will. If the old will is amended, the amendment should be kept with the old will. You might want to consult a probate attorney for help with this process.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting.

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Reputation Level 14
Your uncle can create a new will. Whether it will be valid or not depends on what is written, the condition of your uncle, whether its executed correctly, and many other factors. I would suggest having a lawyer create a will for him to make sure these issues will be dealt with correctly.
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Reputation Level 11
Yes, provided that he complies with the requirements of a valid will.

Reputation Level 14
Not a problem. You uncle can write a new will. The new will document will state in part that any previous wills and/or codiclils will be void. After the will has been completed by state law, witnessed and notarized, the old will can then be destroyed. Be sure to get his directives done at the same time, living will, designation of a health care currogate, preneed guardian and perhaps a durable power of attorney in the event he needs someone to handle his finances due to physical infirmament. You should get an attonrey to do this for you.

Reputation Level 8
The first paragraph of the new will should very clearly state that you uncle revokes all wills and codicils that he had previously made. With this language in the will and as long as the new will complies with all state laws, your uncle has the requisite capacity and is free of any undue influence then the newly written will should be the binding and legal one. I would suggest a consultation with an attorney to make sure the will complies with the laws of your state.

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