What Happens If Two Different Wills Are Found?

Legal Oversight: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Which Will Takes Priority If Multiple Wills Are Found?

What happens if two different wills are found? is not an uncommon question on our enquiries line as any unexpected discovery of two different wills after a loved one dies can cause uncertainty, family disputes and delays to probate. However, finding multiple wills does not always mean one is automatically invalid in England and Wales. If conflicting wills have emerged, what happens to the estate often depends on the date of each will, whether either will contains a revocation clause, whether both documents meet validity requirements and whether there is any evidence of fraud or undue influence or lack of capacity.

The core goal in probate is to honour the deceased’s final valid testamentary wishes and this is determined by the executors, beneficiaries and the Probate Registry.

Our guide explains what happens if two different wills are found, the key red flags are family should watch for and what to do next if they want to contest a will.

Which Will Takes Priority?

Under the law in England and Wales, the starting point is that the most recent valid will generally takes precedence. It’s also worth knowing that most professionally drafted wills include a standard revocation clause which is a document revoking all former wills. This means that any later will including such a clause usually cancels any previous wills in their entirety. For example, if a person made a will in 2018 leaving their estate to their spouse and later signed a new will in 2024 which includes a revocation clause and leaves everything to different beneficiaries, the 2024 will is normally treated as the binding document provided it was properly executed.

However, matters may become more complicated if:

• The later will contains no revocation clause.
• The documents appear inconsistent.
• One document is unsigned or improperly witnessed.
• There are concerns regarding authenticity.
• The deceased may not have had mental capacity.
• Both documents appear to deal with different assets.

Where uncertainty exists, legal advice from a contentious probate solicitor is often essential.

Can A Revocation Clause Be Questioned?

A revocation clause is one of the first things probate lawyers examine when conflicting wills are discovered as it normally states that all previous wills and codicils are revoked. But problems may arise where:

• The newer document omits a revocation clause.
• The wording is ambiguous.
• The document was prepared without professional assistance.
• A homemade will creates uncertainty over the deceased’s intentions.

 What If The Deceased Remarried?

Marriage has a significant effect on wills in England and Wales. As a general rule, a valid will is automatically revoked when the testator marries or enters a civil partnership, unless the will was specifically made in contemplation of that particular marriage or civil partnership. Where two wills are discovered, the timing of the marriage can therefore be critical. A seemingly valid earlier will may no longer have legal effect if it was revoked by a subsequent marriage, although sometimes the later will may be disputed if there are valid grounds to do so, such as undue influence or lacking capacity.

We have seen from our caller enquiries that remarriage often poses key questions and can trigger will disputes in scenarios where there is a blended family structure, adult children from a previous relationship, stepchildren who expected to inherit or even significant changes in beneficiaries following remarriage.

Can Both Wills Meet the Legal Validity Requirements?

Before deciding which will controls the estate, it is necessary to establish whether each document is legally valid. To meet the legal requirements under the Wills Act 1837, a valid will generally must:

• Be in writing.
• Be signed by the testator.
• Be signed with the intention of giving effect to the will.
• Be witnessed by two independent witnesses present at the same time.
• Be signed by each witness in the presence of the testator.

If one of the documents fails to meet these requirements, it may be declared invalid. Here’s an example: a will signed without witnesses may carry little legal weight, even if it appears more recent than an older professionally drafted document. In addition, alterations, handwritten amendments, missing signatures, or detached pages may raise red flags around the validity of a will.

What If Both Documents Are Original Wills?

The discovery of two original wills can immediately raise suspicion. While there may be innocent explanations, multiple original wills often trigger further investigation, such as who drafted it, where it was stored and who had access to it before death? In fact, expert forensic evidence may be called for if there are concerns regarding tampering or substitution of a will.

Typical questions that can be asked include:

• Why were two originals created?
• Were both executed on the same date?
• Is one version different from the other?
• Was one stored with a solicitor and another retained at home?
• Has either document been altered?

Does an Obvious Date Difference Decide the Issue?

We have seen that many people assume the newest will should win, but in reality if there’s a disputed will, the newer will must still satisfy all legal requirements. A significant date difference often provides a strong clue but may not automatically resolve the dispute.

Many people assume that the newer will always win, but in reality an earlier may prevail if there are concerns regarding issues such as fraud, forgery, lack of testamentary capacity or other valid grounds to challenge a will the newer will. Consider the following example:

• Will A was executed in 2019.
• Will B was executed in 2025.
• Will B lacks proper witnessing.

Despite being newer, Will B may be invalid and Will A will become the operative will.

Can Two Wills Operate Together?

In some cases, occasionally two documents can operate together if they concern different assets and are consistent. For example:

• One will may deal with property in England.
• Another may deal with overseas assets.
• A later will may only address specific investments or business interests.

If the wills are compatible, the court may treat them as complementary rather than conflicting. But if the documents create contradictory instructions regarding the same assets, beneficiaries, or executors, the court will usually need to determine which provisions take effect.

Total Revocation vs Partial Revocation

When two wills are found, one key question is whether the newer will replaces the earlier will entirely or only changes certain parts of it.

Total revocation occurs when a later will cancels all previous wills, usually through a clear revocation clause.

Partial revocation occurs when a later will only updates specific provisions, such as:

• A beneficiary’s inheritance.
• The appointment of an executor.
• A particular property or asset.
• A charitable gift.

In these cases, the rest of the earlier will may still remain valid. Determining whether a will revokes all or only part of an earlier will depends on the wording of the documents and the deceased’s intentions.

Red Flags That May Lead to a Contentious Probate Claim

The discovery of two conflicting wills is in itself a potential warning sign and certain triggers in contentious probate investigations may include:

• A will appearing shortly before death.
• A dramatic change in beneficiaries.
• The exclusion of close family members without explanation.
• Unusual gifts to carers, neighbours, or acquaintances.
• Concerns about dementia or cognitive decline.
• Signatures that appear inconsistent.
• Missing pages or alterations.
• Homemade wills replacing professionally prepared documents.
• Evidence of pressure from a third party.
• Unexplained destruction of previous wills.

Where these issues exist, interested parties may challenge the validity of the will.

Apart from contesting the validity of a will, there is a second route in probate claims where disappointed beneficiaries may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 where a family member may believe reasonable financial provision has not been made.

Quick List: Your Questions On When Two Wills Are Found After Death

Here’s our quick list of the most common questions we see from our callers in contentious probate enquiries:

Which will takes precedence?
Usually, the most recent valid will takes precedence, particularly if it contains a revocation clause cancelling all previous wills.

Can two wills both be valid?
Sometimes, if the documents deal with different assets and do not conflict, the court may allow them to operate together.

What if the newer will was not properly signed or witnessed?
A later will that does not comply with the legal requirements of the Wills Act 1837 may be invalid, meaning an earlier will could still apply.

Does finding two wills mean something suspicious has happened?
Not necessarily as people often update their wills throughout their lifetime. However, major changes, unexpected beneficiaries, or a will appearing shortly before death may require further investigation.

Can a family member challenge one of the wills?
Yes, a will may be challenged on grounds such as lack of testamentary capacity, undue influence, fraud, forgery, or improper execution.

Will probate be delayed if there are conflicting wills?
Potentially yes as executors may need to investigate the validity of each document before probate can proceed and assets can be distributed.

What should executors do if they find two different wills?
Executors should avoid distributing the estate until they establish which document is valid and should seek specialist contentious probate advice where there is any uncertainty.

Seeking Legal Advice Early

Finding two different wills can create considerable legal and emotional challenges among family members. The outcome will depend on factors such as revocation clauses, validity requirements, execution formalities, the dates of the documents, and whether the wills can operate together or contradict one another. Where questions arise regarding authenticity, capacity, undue influence, or conflicting beneficiary arrangements, a contentious probate dispute may follow. Early investigation is often crucial in preserving evidence and protecting the interests of beneficiaries and executors.

If you’re in a situation where competing wills have been discovered during the administration of an estate, obtaining specialist contentious probate advice as early as possible can help identify the correct will and reduce the risk of costly litigation.

Our partner panel of specialist contentious probate lawyers offer a free consultation and range of fee structures, including ‘No Win, No Fee’ along with other flexible funding – contact our team now to get started:

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