Legal Definitions - duplicate will

A duplicate will is an exact copy of an original, legally executed last will and testament. While identical in content to the original, it is typically created for informational purposes, safekeeping, or as a backup. The original document, bearing the testator's (the person making the will) authentic signature and those of the witnesses, is the primary legal instrument intended for submission to the probate court after the testator's death. A duplicate will, while not the primary document, can sometimes be used as evidence of the original's contents, especially if the original is lost or destroyed.

• Example 1: Providing a Copy to an Executor

  Maria drafts and properly executes her last will and testament, signing it in front of two witnesses who also sign the document. She places this original, signed will in a secure, fireproof safe at her home. For convenience and to ensure her chosen executor is aware of her wishes, Maria makes a photocopy of the complete, signed, and witnessed will. She then gives this photocopy to her executor, explaining where the original document is stored. In this scenario, the photocopy given to the executor is a duplicate will. It serves as an informational copy, allowing the executor to understand Maria's instructions without possessing the legally binding original.

• Example 2: Attorney's Office Records

  John consults with his attorney to prepare his will. After the document is finalized, John and the required witnesses sign the will in the attorney's office. The attorney then makes a complete photocopy of the signed and witnessed document for their client file, while John takes the original will to store in his bank's safe deposit box. The copy retained by the attorney for their records is a duplicate will. It ensures the attorney has a record of the document they helped create, but the original held by John is the document that would be presented to the court for probate.

• Example 3: Proving a Lost Original Will

  Sarah properly executes her will, signing it and having it witnessed. She keeps the original document in a locked drawer at home. As a precaution, she also scans the entire signed document and saves a digital copy, and prints out a physical copy which she keeps in a separate location at her sister's house. Years later, Sarah's home is destroyed in a fire, and the original will is lost. After her death, her family discovers the printed copy at her sister's house. This printed copy is a duplicate will. While it is not the original, it might be presented to the probate court as evidence of the contents of the lost original will. If the court is satisfied that the original was validly executed and not revoked, it may admit the terms of the duplicate will to probate.