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Battle of the Wills – What Happens When More than One Last Will and Testament Turns Up | Bankruptcy Lawyers of San Diego

Battle of the Wills – What Happens When More than One Last Will and Testament Turns Up

By administrator 0 Comment September 9, 2019

Huguette Clark, a New York heiress with an estate valued at more than $400 million, passed away last year just shy of her 105th birthday. A Last Will and Testament carried out by Clark in May of 2005 was entered into probate soon after her death.

The Will left absolutely nothing to Clark’s family, rather her estate was delegated her long-time private nurse, a museum to be created out of her California estate and a few other non-family members. Not long after the very first Will was produced, a 2nd Will emerged– this one executed simply 6 weeks prior to the first Will. The most current Will wins in a fight of the Wills right? Not all the time.
Clark’s fortune is the result of being the only surviving kid of an industrialist who made his fortune at the turn of the 19th century along with serving as a U.S. Senator. Clark was a divorcee and never had kids. Clark’s extended family competes that Clark’s intent was constantly to keep the family fortune within the family. In support of this, the family points not only to the Will Clark performed simply weeks prior to the one produced for probate, however likewise to other Wills executed by Clark throughout her lifetime.

Clark was a recluse, by any definition. In spite of owning estates in both New york city and California, along with being in fairly great health, Clark lived in a health center in New york city for the last twenty years. Clark appeared to have actually had extremely little contact with any of her family members. Whether Clark’s isolation was of her own picking, or as an outcome of unnecessary impact by non-family members close to Clark, will be a concern for the probate court to decide.
If the court decides that the most current Will was carried out under duress or as a result of undue influence by those close to Clark, then the court will declare the Will to be invalid which might then result in reinstatement of the 2nd Will– leaving whatever to Clark’s household.