How Missouri Probate Laws Handle Multiple Wills

Missouri probate laws govern the legal process that takes place after a person passes away, particularly when it comes to distributing their assets. When a decedent leaves behind multiple wills, interpreting those documents can be complex and is subject to specific legal guidelines.

In Missouri, the presence of more than one will raises questions about the testator's intent. The court must determine which will is the most recent and valid. Generally, the most recent will is considered valid unless it can be proven that it was executed improperly or was revoked by the testator.

One common scenario is when a decedent executes a new will, intending to replace an older one. If the newer will explicitly states that it revokes all prior wills, it is treated as the definitive document. However, if the newer will does not contain a revocation clause, the court will evaluate the contents of both documents to ascertain which provisions reflect the decedent's final intentions.

Under Missouri law, a will can be revoked in several ways. A testator can explicitly revoke a previous will by creating a new will that contains appropriate legal language. Alternatively, a will can be revoked by physical destruction, such as tearing or burning. If a testator destroyed the earlier will but had a copy of it, the court might still consider the revocation valid, though the details can get complicated.

If the decedent's intentions are unclear and the wills conflict, the probate court may conduct a hearing to clarify the order of the wills. This process may involve presenting evidence, including witness testimony, to support the claims regarding the testator’s wishes.

Missouri probate laws also recognize the concept of “holographic” wills—wills that are handwritten and signed by the testator without witnessing. Holographic wills can be admitted to probate if they meet specific criteria. Therefore, if such a will exists alongside a formal typewritten will, the court will analyze both documents to determine which should be honored.

It’s crucial for individuals dealing with multiple wills in Missouri to seek legal counsel. An experienced probate attorney can provide guidance and help navigate the complexities of the legal process, ensuring that the decedent’s true intentions are honored while adhering to state laws.

Additionally, proactive estate planning can help prevent the complications arising from multiple wills. Encouraging clients to periodically review and update their wills and to clearly revoke older documents can contribute to a smoother probate process.

In conclusion, dealing with multiple wills under Missouri probate laws can be intricate. Legal considerations regarding revocation, intent, and proper execution play significant roles in determining which will prevails. Professional legal assistance is often essential in these cases to ensure that the wishes of the decedent are properly upheld.