Yes, I know, Codicil is not a verb.
A Codicil is part of a Will. It is ‘paired’ with a specific Will and remains part of the Will.
A Codicil to a Will is a modification, amendment, addendum, addition, clarification or revocation in part of an existing Will. It is a legal document.
A Codicil can be deemed ‘defective’ if it is not executed properly.
It is important to remember when using a Codicil that everything in the existing Will remains the same, with the exception of that portion that is amended by the Codicil. A Codicil does not revoke the entire existing Will.
A poorly written Codicil can lend itself to misinterpretation and legal challenges to the Will. In general terms, the longer the Codicil, the greater the risk of misinterpretation.
Why a Codicil? In the ‘old days’ when Wills were hand written, it was a labor to write a new Will. Codicils were effective means to add or amend an existing Will.
In current times, preparing a new Will is not as difficult and Codicils are used less frequently.
If there is a minor change to a Will, then using a Codicil can be effective. The question is always…how many codicils are too many? Since there is no legal limit to the number of codicils that can be part of a Will, then the answer to that question is…it depends.
A disinheritance is not a good use of a Codicil. Since the Codicil remains part of the Will, then the person who is disinherited would know the terms of the Will and would be made aware of exactly when and how they were disinherited. Both the Will and the Codicil to the Will are public documents. If you don’t want a family member to know about the change, do not use a Codicil to disinherit.
Having various Codicils, one Codicil could revoke a previous Codicil, leading to misinterpretations of the terms of the Will.
When a Trust in involved, it is often better to write a new Will. If a Will is voided by a Court, then all Codicils to that Will are also voided. When you write a new Will, all previous Codicils that amended the former Will are, of course, null.
If you have questions about how and when to use a Codicil to amend a Will, seek the advice of a professional.
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