Every once in a while, somebody will tell me “I lost my will”. The next question I often get is “what should I do”?
Well, I think the answer is obvious. Look in the last place it was placed. Unfortunately, when we cannot remember, others might start to question our sound mind.
As a result, I believe time is of the essence and drafting a new will is a necessity (ASAP).
Lost Will and Its Impact on a New Will
Generally, the impact of a lost will on a new will is negligible when testators add a revocation clause to their new will. In other words, a clause that revokes any and all previously formulated wills.
Assuming the revocation clause is drafted properly, problems can be significantly reduced.
Have you Seen my Lost Will?
With the exception of asking the person who drafted it, asking others about the location of a lost will might create more problems. First, it puts others on alert for diminished capacity. Second, the threat of a lost will doesn’t negate or prevent the formation of a new will.
Thus, I hope you find your lost will. On the other hand, don’t put off the opportunity to enter into a new will, when we still have time!