Tuesday, October 21, 2014

Which will is valid: first draft with now deceased husband or new draft?

Question

Which will is valid: first draft with now deceased husband or new draft?



Answer

Don't be confused by the loose use of the word "draft." The word draft can mean the writing of the will or the word draft can signify that a writing is not in final format. There is no such thing as a legally effective "draft" will. A final will is legally effective if it has been written and signed and witnessed with required legal formalities (which vary somewhat from state to state). A properly written will almost always revokes all prior wills and codicils, making the later signed document the one that counts, the one that is enforceable in court.



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