Do we need to inform the first attorney that we wrote a new will with another attorney?
My husband and I had a will and trust made up about five years ago. We then had a new one made up by another attorney about a year ago. Do we have to inform the first attorney?
Expert Answer
You might assume that the second attorney made sure that all formalities were followed to make your second set of documents legal and effective. But you must also want to heed that life adage about when you assume something, it risks making an ass of "u and me."
From a legal standpoint, the will with the more recent date supersedes the older one. But some trusts, depending on their form and intent, require that you sign a written declaration to revoke some or all of their provisions.
To be on the safest side of avoiding having conflicting legal documents floating about after your death, it wouldn't hurt to check back briefly with both attorneys involved. Make sure the second attorney is aware of the previous documents--and explain that you want to be sure they have been legally wiped out or "revoked." There should be no extra charge for this assurance; after all, it is part of that attorney's work in providing you with a valid will and trust.
And as a back-up, if your second attorney has not already done so, you may want to drop the first attorney a brief letter informing him or her that you have finalized new documents and want the precious ones revoked.