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You are here: Home / Probate Forum / Resolved Question: What would happen if a person made a last minute will?

Resolved Question: What would happen if a person made a last minute will?

April 7, 2012 by Anthony Nitz

This is a purely theoretical question, but does anyone know what would happen if a person made a will, lodged a copy with their solicitor, and then later went on to make a second will that his solicitor was not aware of. Assume person then died and that the second will was found amongst his personal effects at a later date. Also assume that the second will has been witnessed and everything is in order.
As the second will would be legally binding, does anyone know what would happen if
a) The first will has been read but not proved yet.
b) The first will involved inheritance tax which the second will avoids? (say the first one left everything to a child and the second one leaves everything to the spouse who as I understand it would avoid inheritance tax, considering that inheritance tax should be paid before a grant of probate is issued).

This is just, as I say, a theoretical question that has arisen. Just one of those what if? situations but if anyone out there knows, I would be really grateful to hear the answer.

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