There are many scenarios in which families may have questions about the validity of estate planning documents or what the deceased person truly intended. The discovery of multiple different estate plans drafted by the same person can leave everyone questioning what the testator actually intended.
Concerned families worried about which estate plan to use during estate administration may need to learn about the law. They may need to take the issue to court if there are disputes within the family about the validity of documents.
Which will is the right one?
As long as the person retains their testamentary capacity, they theoretically have the right to revise a will or revoke an earlier version of the document. Some people create new documents without actually revoking or destroying prior versions. They may store all of the versions together.
Then, their family members may have questions about which will is the right one to submit to the probate courts. As a general rule, the most recent document that meets all Virginia state standards is likely the legal will if multiple different versions exist.
The only times that an earlier version may hold more legal authority than the most recent will is when interested parties have proof that an individual lacked capacity when drafting late-in-life documents or that an outside party exerted undue influence. In such cases, older versions may be valid, and the most recent may not.
The submission of every version of a will is often necessary to ensure compliance with the law and that families defer to the right document. Reviewing each version of the will with a probate attorney can help families to better ensure that they take appropriate steps when there are complications during the earliest stages of estate administration.
