Codicil by Mark Esparrago: A codicil is an amendment to one’s will which takes place after one’s death. It is sovereign and stands on its own. A father may have a will, but that may differ from a mother’s will which is inherently distinct and separate. Drafting a will or amending it is purely self-governing. Here, the will-writer essentially documents the wishes of his heart. No individual, entity, government agency nor law may compel the testator or giver how he wishes to appropriate his wealth. It is absolutely based on his preferences, yes, based on his personal likes and dislikes, period. Take, for example, a father who has five (5) children. You may think that he’s required to apportion his wealth into five (5) equal portions when he dies. And you believe, that this standard is fair and ought to be applied accordingly. In a sense, it is fair, but that is not the governing norm. The father, as the giver, may choose to bequeath, to any of his children, any or all portion of his wealth when he dies, but only according to the circumstances that please him. This barometer is very much in alignment with the Bible’s teachings where David inherited the kingdom because “he was a man after God’s own heart.” It is clear then, that the giver’s right to bequeath is absolute. The law in the Philippines which requires that equal division to all children be appropriated is lethally wrong. American jurisprudence holds that inheritance is discretional where child #1 may inherit all, while child #2 may be contradictorily disinherited. This critical decision derives heavily from the conscientious assessment of the giver, as to which child pleases him the most, and which child displeases him as well. In extreme cases, a testator or will-writer, may go as far as leaving his wealth to his cat, symbolic of his absolute choice. In many other occasions, wealthy American philanthropists create foundations to endorse the wishes of their heart, prior to their departure. In Probate Courts in California, many cases have found “caregivers” to be deserving of some portions of the last will. Wills or codicils may be written and modified at any time, even on a daily basis. If you feel that the intended recipient is no longer deserving, then you may reduce his and/or her bequest. Or you may even disinherit him or her if he so deserves. There is no law that prescribes the appropriation of one’s will or codicil. You may amend your will at anytime in accordance with the wishes and desires of your heart. Please be reminded, that no one can tell you how to give and to whom you should give to. The Will, much like the codicil, is absolute.
Posted on: Mon, 05 Aug 2013 09:32:50 +0000
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