Families often believe that a will provides clear instructions about how a person’s estate should be handled. But in some cases, more than one will is discovered after someone passes away. This situation can create confusion, conflict, and even full-scale probate litigation. If multiple wills exist in Colorado, the court must decide which document reflects the true and final wishes of the deceased. Understanding how this process works can help you protect your rights and prepare for what lies ahead.
Why Do Multiple Wills Appear in Probate Cases?
It is not unusual for someone to create more than one will during their lifetime. People’s circumstances change, and they may want to update their estate plan as they get married, divorced, have children, or acquire new property. Sometimes, older wills are never destroyed, leaving multiple versions behind. Other times, family members or caretakers may discover drafts or partial wills that raise questions about intent.
Common reasons multiple wills surface include:
- Failure to revoke older wills: The person may not have properly destroyed earlier versions.
- Changing family circumstances: Marriage, divorce, or blended families often lead to revisions.
- Disputes about capacity: If the deceased created a later will while struggling with memory issues or illness, its validity may be questioned.
- Fraud or undue influence: In some cases, individuals may pressure or manipulate a vulnerable person into signing a new will that favors them.
- Drafts mistaken for valid wills: A handwritten note or unsigned document may be mistaken for a formal will.
Each of these situations creates uncertainty, and the court must carefully examine the evidence to determine which will is legally valid.
How Do Colorado Courts Decide Which Will Is Valid?
In Colorado, the general rule is that the most recent valid will controls the distribution of the estate. However, not every later will automatically cancels out earlier ones. The document must meet all legal requirements to be considered valid. These include proper signatures, witnesses, and evidence that the person had the mental capacity to understand what they were signing.
When multiple wills exist, the court will look for clear language in the newer will that revokes previous versions. Many wills include a standard clause that states all prior wills are invalid. If such language is present and the document is properly executed, the newer will typically prevails.
But if the validity of the newer will is challenged, the court must weigh the evidence. This may involve reviewing medical records, hearing testimony from witnesses, and evaluating claims of undue influence or fraud. If the newer will is found invalid, the court may fall back on an earlier version or, in some cases, treat the estate as if no valid will exists at all.
What Challenges Arise When Conflicting Wills Exist?
When multiple wills are presented, family members often disagree about which one should control. These disputes can lead to will contests and lengthy probate litigation. Some of the most common challenges include:
- Questions about capacity: Did the deceased fully understand what they were signing when the later will was created?
- Claims of undue influence: Was the deceased pressured, coerced, or manipulated by someone with power over them?
- Forgery or fraud: Is the will authentic, or was it altered or signed under false pretenses?
- Improper execution: Was the will signed and witnessed according to Colorado law?
- Disputes between beneficiaries: Are certain family members challenging the will simply because they were disinherited?
These issues can divide families and drain estate resources. In some cases, the cost of litigation may be substantial, but beneficiaries may feel it is necessary to ensure that the deceased’s true intentions are honored.
What Should You Do If You Discover More Than One Will?
If you are an executor, heir, or potential beneficiary and multiple wills come to light, it is important to act carefully. Mishandling the situation can create legal and financial problems. Steps you should take include:
- Preserve all documents: Do not destroy or discard any wills, drafts, or related papers. Each one may become important evidence.
- File the documents with the court: Probate courts in Colorado require disclosure of all known wills.
- Seek legal guidance: An experienced probate litigation attorney can review the documents, investigate potential claims, and help protect your rights.
- Prepare for disputes: Be ready for other beneficiaries or family members to contest the validity of one or more wills.
- Focus on the decedent’s intent: The ultimate goal is to determine what the deceased truly wanted, and courts will look closely at evidence that supports their genuine wishes.
Trying to resolve a dispute over multiple wills without legal assistance can be overwhelming. Courts follow strict rules, and any mistakes in filing or procedure may weaken your position. Professional representation gives you the best chance of ensuring that your loved one’s estate is handled properly.
Why Work with a Probate Litigation Attorney?
When more than one will exists, probate can quickly become one of the most stressful and emotional experiences for families. These cases require knowledge of both estate planning law and litigation strategy. Attorneys with experience in will contests know how to analyze documents, gather evidence, and present arguments to the court.
At Evans Case, we represent clients in Denver and throughout Colorado in probate disputes, including cases where multiple wills exist. Our will contest attorneys understand how to protect your rights, challenge invalid documents, and uphold the true wishes of your loved one. If you are facing uncertainty about competing wills, you can contact us today to discuss your situation and learn how we can help guide you through the process.
