The “Too Many Wills” Problem
When it comes to estate planning, most people know they need a will. What many people don’t realize is that having multiple wills floating around can create serious confusion, delay, and even conflict after death — especially here in Maryland.
Let’s talk about why “too many wills” can be a problem and what you can do to prevent headaches for your loved ones.
The Pitfalls of Multiple Wills
Over the years, it’s common for people to update their estate plans:
You create a will when your children are young
You update it after a divorce
You revise it when you remarry
You tweak it after buying property
You change beneficiaries after relationships shift
That’s perfectly normal — and often smart.
The problem arises when older wills are never clearly revoked, destroyed, or properly tracked. Suddenly, after death, family members may discover:
A will in a desk drawer
A different will in a safe deposit box
Another version held by a prior attorney
And possibly one deposited with the Maryland Register of Wills for safekeeping
Now everyone is asking: Which one controls?
How Maryland Handles Multiple Wills
In Maryland, the probate process is overseen by the Register of Wills in the county where the person lived.
When someone passes away:
The most recent valid will must be submitted.
The Orphans’ Court determines which document is the true “last will.”
If there is confusion or conflict, litigation can follow.
Maryland law generally gives priority to the most recent properly executed will. Most wills include language that says something like:
“I hereby revoke all prior wills and codicils.”
But if:
An older will is found,
A newer will cannot be located,
Or there are questions about capacity or undue influence,
Then:
· Things can quickly become complicated.
The Safekeeping Trap: Depositing a Will in Maryland
Maryland allows individuals to deposit their will with the Register of Wills for safekeeping during their lifetime.
This sounds like a great idea, and it often is.
But here’s the catch:
If you later create a new will and forget to retrieve and destroy the old one, the earlier will is still sitting with the Register.
After death, that deposited will may surface and create confusion if:
The family is not aware of the existence of a newer will,
The newer will cannot be found, or
The newer will was not properly executed.
Now the court must sort out whether the deposited will or the later-discovered will controls.
This can delay probate, increase costs, and strain family relationships.
Real-World Consequences of Multiple Wills
Having competing wills can lead to:
1. Delayed Probate
The estate cannot move forward until the court determines which document is valid.
2. Increased Legal Fees
Sorting out competing wills often requires attorneys, hearings, and sometimes expert testimony.
3. Family Conflict
Different beneficiaries may prefer different versions. That can escalate quickly.
4. Unintended Disinheritance
If the wrong will is admitted to probate, assets may go to unintended beneficiaries.
What Happens If the “Wrong” Will Is Probated?
If an older will is admitted and a newer one surfaces later, interested parties may need to file a petition to challenge the probate.
That means:
Additional court proceedings
Possible suspension of estate administration
Higher emotional and financial costs
And if too much time passes, correcting the mistake becomes even harder.
How to Avoid the “Too Many Wills” Problem
Here are practical steps to keep your estate plan clean and effective:
1. Clearly Revoke Prior Wills
Every new will should explicitly revoke all prior wills and codicils.
2. Physically Destroy Old Wills
When appropriate, destroy old originals to prevent confusion.
3. Retrieve Deposited Wills
If you’ve deposited a will with the Register of Wills and later update your estate plan, retrieve the old one and confirm its withdrawal.
4. Keep One Clear Original
Make sure your personal representative knows:
Where the original will is located
Whether any will was deposited for safekeeping
5. Communicate With Your Attorney
When updating your estate plan, tell your attorney about:
Any prior wills
Any deposited wills
Any versions prepared by prior counsel
Full transparency prevents surprises.
The Bottom Line
Having a will is essential.
Having multiple unclear wills can create exactly the kind of chaos you were trying to avoid in the first place.
In Maryland, especially when a will has been deposited with the Register of Wills for safekeeping, it is critical to make sure:
Only one valid, controlling will exists
Prior wills are clearly revoked
Everyone knows where the correct original is located
A clean, well-managed estate plan is one of the greatest gifts you can leave your loved ones.
If you’re unsure how many versions of your will are “out there,” it may be time for a review. A simple check now can prevent significant problems later.
At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive legal outcome. We’ll work with you and give you the best possible recommendation for your future. To learn more about Estate Planning, contact us today by calling (410) 882-9595 or visiting our website.