Thursday, November 29, 2012
I have spoken with people who drafted their own will and think "Wouldn't it be easier if all of my children have a copy of my will? That way they wouldn't have to locate it after I pass." That may be a very sweet, thoughtful idea, but DONT DO IT. At least if those copies are all originals, meaning they are executed at the same time. Duplicate original wills are a mistake. Execute one will and only one will. Keep that will and have your family know where it is. The reason why you only want one original will is that your, the testator, are able to revoke a will by destroying it with the intent to revoke it. If you have duplicate original wills, then once you pass your Executor must prove to the court that he has all of the original wills. If one is missing, your will, which you spent so much time and energy on will be considered void and intestacy law will over ride your wishes.