What happens to the original Will ?

[Colin Rowledge]

Possibly a 'silly question' but I have evidence of a Will being written in Australia and then a new one is witten in New Zealand. What happens to the one that is revoked?

Colin

[Peter Goodey]

AIUI under English law, once the new will has been proved, the previous will is just waste paper. But wouldn't you be better off asking somewhere else about Australian and New Zealand law?

[Colin Rowledge]

Probably, Peter, but as both [for the present] are part of the Commonwealth, I felt that English laws may still apply there.

Does the 'new' solicitor notify the previous one?

[Jan1954]

Colin,

I have recently written a new will. It states that it revokes all previous wills and, as Peter has said, the earlier one is now regarded as scrap paper.

My current solicitor has not notified my previous solicitor as there is no need to becauses it is none of his (the previous chap) business.

Okay, I know that I am in England, but I would expect that similar processes exist in New Zealand and Australia.

[Peter Goodey]

Does the 'new' solicitor notify the previous one?

There's no legal requirement to do so. If there were two solicitors involved, perhaps they would as a matter of professional courtesy.

However, you don't have to use a solicitor to draw up a will and signed wills do not have to be lodged in any particular place.

[Peter Goodey]

Actually I think it's when a later will is proved that's significant. It's possible that there could be some dispute and a court might rule that the second will is not valid and the first will is the one that should stand.

[v.wells]

I have just done up a new Will and it supercedes all other Wills, regardless of what country it was written in. All countries have their own code of laws , commonwealth or not.The date of the Will is the deciding factor!