Codicil (will)
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A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke a few small provisions (e.g., after something is sold or bought), or may completely change the majority of the devises and bequests. Each codicil must contain the same legal requirements as the original will, such as the signatures of the testator and two or three disinterested witnesses.
A codicil allows a person to modify provisions in his or her will without drafting an entirely new will. Typically, amendments made by a codicil tend to either add or revoke minor provisions of a will (e.g., an asset which you had gifted to someone has been sold, or a new asset has been bought which you want to gift) or, alternatively, the amendments completely change the majority of the gifts (including the beneficiary of the residuary estate). Each codicil must adhere to the same stringent legal requirements, in terms of composition and signature requirements, as the original will.
When confronted with a testamentary document that was executed after the date of the original will, a probate court may need to decipher whether the document is a codicil, or a new will. Generally, if the second document does not make a complete disposition of the testator’s property and does not revoke the will in its entirety, it will be presumed to be a codicil. A prudent testator will avoid this problem by clearly labelling the document as a “Codicil”.
In some States, a witness to the execution of the codicil may not be a beneficiary of the will.
Other than a codicil, the only other way to modify a Last Will & Testament is to write a new one and revoke any previous ones.
In completion of a codicil, a form must be created specifying the modifications to the existing last will and testament. As with a last will and testament, it is necessary to witness amendments to the will since they may override the relevant sections of the original will.
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