Use a Codicil to Amend a Will There are specific legal procedures for making changes to a Last Will. So if you want to make a change, don’t simply cross out the part you want to change and pencil in your revisions. Your changes are not likely to be honored, and you could end up invalidating the entire Last Will. To make a valid change to your Last Will & Testament, you must either make a new will or add a "Codicil," which is an amendment to your Last Will. A Codicil is a document that amends rather than replaces an existing Last Will. A Codicil requires the same formalities as to execution as does a Last Will & Testament. Again, it’s desirable that a witness to a Codicil NOT be a beneficiary, as this precludes them from inheriting in some states. Sometimes probate courts are faced with interpreting whether a testamentary document executed after the date of a Last Will & Testament is intended as a new Will, or merely as a Codicil. If the document doesn’t entirely revoke the earlier Will, and doesn’t completely dispose of the testator’s estate, the presumption is that the document is a Codicil. The prudent option is to avoid this difficulty by clearly labeling the new document ‘Codicil’. If there is room, a Codicil is normally added to the original Last Will form immediately beneath the signatures. Note that it must be typed, not handwritten, to avoid being struck down in certain states. If there is no room to add a Codicil after the signatures, it should be typed on a separate sheet of paper, and attached to the original will. In fact, it is often best to start a Codicil on a separate sheet of paper – and this is the recommended approach.
Posted on: Sat, 10 Aug 2013 13:43:43 +0000
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