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Generally, NO.
First, you (or anyone else reading this) needs to understand what is a Will and the legal effect of having one, or of not having one.
A Will is a legal instrument that takes effect ONLY upon the death of it's maker (called the "testator"). It provides directions to the Executor of the Will as to how to dispose of the Testator's material goods ("estate"). So the only way you can really find out if a Will is "void" will be when it's admitted to probate before the court. At that time, the court will determine whether the Will is valid. If it is valid, the Executor will distribute the estate according to the Will's provisions. If it is not valid, it is "void" and will be given no legal effect.
The result of a "void" Will is that the "estate" of the person who made the Will will not be distributed according to the provisions of the Will. AND if there is no other testamentary instrument that can provide guidance to the court, then the person's estate will be distributed to their heirs according to the rules of "intestate succession" for that state.
Second, there are two types of "void" Wills.
The first is a Will that is void from it's creation, due to a failure to satisfy the legal requirements of a Will. Unfortunately, such a Will cannot be made "good" by subsequent action.
The second type is a Will (#1) that is made void by a later (new) Will or a Codicil (#2) that voids all or part of the Will in question. #1 is voided to the extent that it conflicts with #2. You may have heard of or read such language in a Will - "This is my last Will and Testament, I hereby revoke any prior Will."
Such a Will (#1) "can" be made good ("reinstated") to the extent that the later Will (#2) is found to be "void." Courts "can" do this to effect the Testator's intent, but are unable to go beyond the boundaries of Will #1 or Will #2. As you can imagine by the necessary prerequisites, this is just not something that occurs very often in any court.
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∙ 14y ago
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