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A Hypothetical Question...

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sandyRoe | 12:03 Sat 22nd Feb 2014 | Law
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If two differently dated will were presented at a probate office who would actually decide which one was valid? I know it would be the one with the latest date, but who'd have the last word?
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As the start of a will normally states that this one revokes all others, it should be pretty obvious....
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I know that. I was wondering who would have the unhappy duty of telling someone who presented a useless will that their hopes were dashed.
The procedure is that the potential executors apply for probate. One will succeed and the other will fail. The probate office will give the reason. That could be challenged through the courts (guaranteeing that there will be no money left to fight over).
It may not be as obvious as all that. I knew an old lady who used to visit every new solicitor who opened an office in her area, and made a new will each time. Different dispositions, different executors, etc., each time. When she died, her daughter took all the wills to the probate office , who said they were too confusing, and declared her intestate. Bear in mind, all these wills had been drawn up by qualified solicitors. Presumably each solicitor thought each will was valid. Seems they were all wrong.

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