Does A New Will Override An Old Will In California?

When someone updates their estate plan, a common question arises: Does a new will automatically cancel out the old one? In California, the answer is usually yes—but with a few important caveats.

Whether you’re creating a new will, challenging an old one, or administering a California probate estate, understanding how wills interact is crucial. Here’s what you need to know.

✅ Yes — A New Will Can Override an Old One in California

Under California Probate Code Section 6120, a will is revoked if:

1. It is expressly revoked by a later will or codicil, or

2. It is physically destroyed with the intent to revoke it (e.g., torn, burned, obliterated)

Most wills contain a revocation clause stating that any prior wills are no longer valid. This clause is legally effective in California, provided the new will is properly executed.

Example: “I hereby revoke all prior wills and codicils.”

If the new will meets California’s legal requirements (signed, dated, and witnessed), the old one becomes invalid.

🔁 What If There’s No Revocation Clause?

Even if the new will doesn’t explicitly revoke the old one, it may still override earlier versions by implication—especially if the two wills contain contradictory instructions.

However, this can cause confusion and lead to disputes in California Probate Court, especially if:

• Both wills are discovered after the decedent’s death

• Beneficiaries under the earlier will are excluded from the later one

• There’s ambiguity about the decedent’s intent

To avoid this, always include a clear revocation statement in your updated will.

📌 What About Codicils?

A codicil is an amendment or addition to an existing will. It doesn’t revoke the old will entirely—it simply modifies part of it.

• Codicils must be executed with the same formalities as a full will in California.

• If multiple codicils exist, they can create a complex paper trail—especially during probate estate administration.

In most cases, it’s cleaner to create a completely new will rather than stacking codicils.

⚠️ Risks of Not Clearly Revoking a Prior Will

Failing to revoke an old will properly can cause serious problems, including:

• Probate disputes among heirs

• Delays in administering the estate

• Multiple wills being submitted to the California Probate Court for interpretation

• Claims of undue influence or lack of capacity

If you’re a beneficiary or executor facing conflicting wills, consult a California probate attorney immediately.

✅ Best Practices for Replacing a Will in California

If you’re updating your California estate plan, here are a few steps to ensure the new will overrides the old one effectively:

1. Include a revocation clause in the new will.

2. Destroy all physical copies of the old will (with witnesses, if possible).

3. Notify your executor and close family that a new will exists.

4. Avoid codicils unless the change is very minor.

5. Keep the new will safely stored—and let someone trustworthy know where to find it.

Final Thoughts

In California, a new will usually overrides an old one, especially if it’s properly executed and clearly revokes all prior documents. But when done improperly, multiple wills can lead to confusion, litigation, and costly delays in California probate.

Whether you’re creating, updating, or contesting a will, proper legal guidance is the best way to protect your loved ones and ensure your wishes are honored.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.