Furthermore, couples with minor children are STRONGLY encouraged to create a Last Will and Testament that affords them the ability to select a Guardian responsible for raising their children in the event of an untimely death. And through a carefully crafted Last Will and Testament, parents with minor children are able to situate the assets of their estate in such a way that those assets are preserved and protected for the benefit of the children – without the necessity of future court intervention. Without a Last Will and Testament, the care of minor children following an untimely death will necessarily involve protracted and expensive court intervention. And that expensive court intervention could potentially last until the child reaches age 21.

So if you think there’s no need for you to create a Last Will and Testament, you might want to think again. Give the professionals at Adams & Edens, P.A., a call today to discuss whether a Last Will and Testament is right for your unique situation.

In the Matter of Woodfield, 968 So.2d 421 (Miss. 2007), the Mississippi Supreme Court considered whether the withdrawal of a probated will containing such a revocation clause revived an earlier will. In this case, the executor initially sought to probate a will created by the testator in 2001. When a contest arose, the executor withdrew the 2001 will and sought to probate a will that had been signed by the testator in 1973. Importantly, the 2001 will had a clause revoking all prior wills. The executor argued that the withdrawal of the 2001 will revived the 1973 will. The Mississippi Supreme Court said that if the 2001 will was properly attested and executed, the 1973 will was revoked upon execution of 2001 will. Additionally, the Court cited case law from as far back as 1855, which stated, “a will duly executed according to the statutes, though prevented from taking effect in consequence of some matter dehors the will, as the incapacity of the person to whom the disposition is made to take, is a revocation of a former will.” Crosby v. Alton Ochsnew Medical Foundation, 276 So.2d 661, 669 (Miss. 1973) quoting Vining v. Hall, 40 Miss. 83, 107 (1866). See also Hairston v. Hairston, 30 Miss. 276 (1855).