What Is the Legal Effect of a Testator Executing a Second

question 9

Multiple Choice

What is the legal effect of a testator executing a second will when the testator already has an earlier existing valid will?

• A) The second will is invalid unless the first will has been expressly revoked.
• B) The second will automatically revokes the first will.
• C) The presence of two wills invalidates both of them until one is revoked.
• D) The probate court will determine which of the two wills more accurately represents the desires of the decedent.
• E) The two wills are read together to the extent possible,but where inconsistent,the later will controls.

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Definitions:

Motion

In a civil case, a request made by either party that asks a judge or a court to issue an order in that party's favor.

Mechanic's Lien

A security interest granted to those who have supplied labor or materials that improve property, ensuring payment for their services or goods.

Secured Party

The party that holds an interest in a secured property.

Priority

The order of importance or urgency assigned to something, which often determines the sequence in which tasks or responsibilities are addressed.