A lawyer’s duty when it comes to Will discovery

A person may create multiple Wills during their lifetime, a situation which can lead to confusion and legal complexities. Typically, only one Will should be valid and recognised by the court as the legal document governing the distribution of the deceased person’s estate. However, if multiple Wills are discovered, it’s important to determine which one is the most recent and reflects the deceased person’s true intentions.

In some cases, multiple Wills may exist because the deceased person made updates or changes to their estate plan over time without properly revoking previous Wills, sometimes with different firms or by creating their own Will. Alternatively, there may be allegations of fraud or undue influence if someone persuaded the deceased person to create multiple Wills for their own benefit, or different family members have seen older versions of the Wills and dispute different versions. Only when the estate is being settled, typically through Probate, do these complexities appear.

What must happen next?

To address the situation, the law firm overseeing the probate process, the executor or personal representative of the estate will need to present all the discovered Wills to the probate court. The court will then review the documents, consider any evidence or testimony provided, and determine the validity of each Will. Generally, the most recent valid Will is the one that will be followed to distribute the deceased person’s assets according to their wishes.

The challenge for lawyers in estate planning

For lawyers in estate planning, the challenge with multiple Wills lies in determining which Will is valid and reflects the true intentions of the deceased person. If you’ve been appointed as the executor of a client’s Will, you likely have a copy of the Will or information about its location, which is ideal. However, if you’re not the executor and need to locate a Will, accessing it can be a tedious and time-consuming manual process.

Will Trace, InfoTrack’s digital service for Will locations, can help with this process. Nathan Cox, InfoTrack’s Head of Account Management, explains, “In the realm of estate planning and management, ensuring that a deceased individual’s last wishes are honoured is a complex and sensitive task. Legal firms, executors, and estate planners are often tasked with the responsibility of interpreting and executing the last Will and testament of their clients accurately and efficiently. Will Trace provides firms with the tools and support needed to ensure they are acting in strict accordance with their client’s final wishes.”

By using this solution, firms can enhance their estate management services, mitigate risks, save time and costs, and ultimately provide greater peace of mind to their clients. Learn more about Will Trace and book a personalised demonstration.