When Conflicting Documents Complicate Everything
It’s a situation we’ve seen more than once:
After someone dies, the family finds two wills. Both are signed. Both look legitimate. And they say different things.
Now what?
Georgia Law Prioritizes the Newer Will
In most cases, the more recent will controls—as long as it was properly executed and the person had capacity at the time. But it’s not always that simple.
If both wills are undated or close in time, the court may need testimony from witnesses, handwriting experts, or attorneys involved in the drafting. If there’s no clear revocation clause in the new will, things can get even messier.
Why People End Up With Multiple Wills
- They updated their will but never destroyed the old one
- They used online forms at different times
- They had help from different attorneys and forgot to consolidate
Sometimes, one will is left at the house and another is filed with an attorney—each discovered by different family members.
How to Prevent Confusion
Always date your will and include a clear revocation clause that says “This will revokes all prior wills and codicils.”
Once a new will is signed, destroy all older versions. And make sure your executor knows where the most current copy is stored.
