A client asked: What happens if I don't revoke my first South African will where I leave everything to one person and then make a second will years later, leaving everything to a second person? What are the legal consequences?
Introduction
If you have a will and want to make a
new one because of changed circumstances (for example you have since gotten
married and have children) it is essential that your new will revokes the
earlier will or wills. The revocation
clause would typically read: I revoke
all previous wills made by me.
When
a person fails to revoke their first will while making a second will that
contradicts the first, it can cause significant issues during the winding-up
process and distribution of assets.
Legal
Consequences of Conflicting Wills
The
legal consequences of having two conflicting wills can be complex and may
include disputes between beneficiaries, uncertainties in estate administration,
and potential challenges during the winding-up process. If both wills are
considered invalid, the estate might be treated as if the deceased had died
without a will, subjecting it to intestacy laws.
Precautions
and Expert Guidance
To
avoid these legal complexities and ensure that your estate is distributed
according to your wishes, it is crucial to seek the counsel of a qualified
estate planning attorney. They can assist in creating a clear and legally valid
will, revoking any previous wills appropriately, and providing advice on
additional estate planning measures, such as trusts, to safeguard your assets
and mitigate potential conflicts.
Conclusion
Creating
multiple wills with conflicting provisions can have serious legal implications.
Seeking professional legal guidance and ensuring that your estate planning
documents are up-to-date and consistent can help prevent disputes and ensure
that your assets are distributed according to your wishes.
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