Is the old will (contents the same) still in effect? My dad made the first will while he was thinking clearly, now he is not and will not sign the new will because he does not want to give up control, although he seems to have lost control since his stroke.
2007-09-14 07:34:18 · 7 answers · asked by springintx 2 in Politics & Government ➔ Law & Ethics
Thank you all, he made a new will, including a trust, and a trust for my special needs brother.
2007-09-14 07:45:28 · update #1
The old will is in effect until revoked in writing (usually by a subsequent will) or destroyed by him. If he does not have mental capacity to sign a new will then it will be invalid.
2007-09-14 07:39:41 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Until he signs the new will it is only worth the paper it is written on.
Also, if he does not have his wits about him thanks to a stroke, he is probably not capable of signing the new will anyway.
Why did he write a new will if the contents are the same?
2007-09-14 14:39:54 · answer #2 · answered by elysialaw 6 · 0⤊ 0⤋
The new one isn't effective until it's signed. Until the new one is made official and effective, the old one is in effect.
2007-09-14 14:41:58 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
No, the will has to be signed and notarized, he still has to sign it, because a document not signed is no good.
2007-09-14 14:41:54 · answer #4 · answered by Nicki 6 · 0⤊ 0⤋
The will that is signed is valid. If he cannot think clearly, you may have to go to court to have him declared incompetent and and executor can then be named.
2007-09-14 14:38:33 · answer #5 · answered by regerugged 7 · 4⤊ 0⤋
I think the new one has to be signed and witnessed to be valid.
2007-09-14 14:38:59 · answer #6 · answered by Anonymous · 2⤊ 0⤋
the signed and notorized one will take precendence over any others they may have made.
2007-09-14 14:40:01 · answer #7 · answered by StangGirl 4 · 0⤊ 0⤋