Does Withdrawal of a Probated Will Revive an Earlier Will?

Reversing lower courts, the Supreme Court of Mississippi rules that a properly executed will that revokes all prior wills cannot be withdrawn from probate and an earlier will declared valid. In the Matter of Woodfield v. Woodfield (Miss., No. 2004-CT-00238-SCT, Nov. 1, 2007).

Clyde Woodfield executed his last will and testament in 1973. The beneficiaries were his wife, Sharon, their son Michael, and Clyde's son from a previous marriage, John. In 1997, Michael was in an accident that left him permanently incapacitated and in need of around-the-clock care. John, a practicing attorney, was appointed as his conservator.

In 2001, three days before his death, Clyde executed a second will at John's law office that completely excluded Michael and expressly revoked all prior wills. Evidently, Clyde was concerned that the government would take assets to pay for Michael's care. Through John, Sharon had the 2001 will admitted to probate. However, after Michael's court-appointed temporary conservator contested the 2001 will, Sharon petitioned to have the 1973 will admitted., and the petition to probate the 2001 will was dismissed.

The trial court ruled that, once withdrawn, the 2001 will "had no further effectiveness" and thus did not revoke the 1973 will. John appealed and the court of appeals affirmed. On writ of certiorari to the Mississippi Supreme Court, John asked the court to decide, inter alia, whether the withdrawal of the 2001 will revived the 1973 will.

The Supreme Court of Mississippi reverses, finding that allowing withdrawal of the 2001 will, if it was properly executed, would defeat Clyde's intent to revoke his 1973 will. The court remands for a determination of whether the 2001 will was validly executed. The court states, "[w]e have no law in Mississippi which permits abandoning the testator's intent and completely withdrawing a will which was validly made and executed . . . "

To download the full text of this decision in PDF format, go to: https://www.mssc.state.ms.us/Images/Opinions/CO44397.pdf.
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