What is a Codicil to a Will?
A codicil is a legal document that allows you to make changes to an existing will without having to rewrite the entire document. It can be used to add new provisions, modify existing ones, or revoke certain parts of your will. This is particularly useful if you want to update your wishes due to changes in your life circumstances, such as marriage, divorce, or the birth of a child.
How do I create a valid Codicil?
To create a valid codicil, follow these steps:
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Clearly state your intention to amend your will.
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Include the date of the original will and reference the specific sections you wish to change.
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Make sure to sign the codicil in the presence of witnesses, as required by your state laws.
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Have the witnesses sign the document as well.
It is advisable to consult with a legal professional to ensure that your codicil meets all legal requirements.
Can I revoke my original will with a Codicil?
No, a codicil cannot revoke your original will. Instead, it modifies specific parts of it. If you wish to revoke your original will entirely, you must do so explicitly, either by creating a new will that states the original is revoked or by physically destroying the original document. If you use a codicil to make changes, the original will remains in effect except for the parts you have amended.
Do I need a lawyer to create a Codicil?
While it is not legally required to have a lawyer to create a codicil, seeking legal advice is highly recommended. A legal professional can ensure that your codicil is properly drafted, compliant with state laws, and accurately reflects your intentions. This can help prevent potential disputes among heirs and ensure that your wishes are honored.