Discovering that a loved one left behind more than one will can understandably lead to confusion. Depending on the contents of each draft, when they were executed and whether any were formalized, you and your loved ones may be concerned about which should be enforced.
Determining which will is valid involves examining whether each document meets Oregon’s legal requirements. The will must be signed by the testator (the person who made the will) and witnessed by at least two competent individuals. Holographic (handwritten but unwitnessed) wills are not valid in Oregon, though handwritten wills that meet formal execution requirements are acceptable.
What happens if more than one will is potentially valid?
When more than one will is found, the general legal principle is that the most recent valid will controls. A newer will often includes language revoking all prior wills. For example, it might say, “I hereby revoke all previous wills and codicils.” If such language exists and the will was properly executed under Oregon law, it will typically override older documents.
However, complications arise when multiple wills conflict or when a newer document does not explicitly revoke earlier wills. In some cases, a court may interpret documents together if the newer will supplements rather than replaces the older one. This is common when a second document is intended as a codicil, modifying only specific provisions of the original will.
Another important consideration is whether the testator had the capacity to execute the newer will. If family members believe the testator lacked mental capacity at the time of signing, or that undue influence was involved—such as pressure from a caregiver or relative to change terms—the validity of the suspect will can be challenged through a will contest.
If you have found multiple wills among your loved one’s papers, it is important not to destroy or ignore any of them, even if you believe one is clearly the “real” will. All documents should be preserved and reviewed by an experienced legal team that can analyze their legal validity and guide you through the probate process.
In Oregon, as in other states, the existence of multiple wills often raises questions about which document is valid and what your loved one truly intended for their estate. Yet, multiple wills do not need to create chaos. With legal guidance, families can clarify which document controls, honor their loved one’s intent, and distribute assets in a way that upholds Oregon law while minimizing conflict among beneficiaries. Understanding how Oregon courts handle this situation can help you navigate potential disputes and protect your family’s interests accordingly.