A will is an expression of a person’s testamentary intention, but the existence of a document called a “Will” does not end every inheritance question.
Its execution, testamentary capacity, circumstances surrounding execution, attestation and the conduct of the parties may become relevant if the Will is challenged. Multiple Wills can also create disputes about which instrument represents the final valid testamentary intention.
Recent litigation continues to demonstrate how much can turn on the validity and proof of a later Will. The legal position may depend heavily on the facts and the applicable succession regime.
For a person making a Will, clarity is therefore valuable: identify assets, beneficiaries and intentions carefully, and follow the applicable formal requirements. For heirs, the first step is not to assume that a Will is valid or invalid, but to obtain and examine the document and surrounding evidence.
Estate planning is considerably easier before a family dispute begins.