Codicil Wills

Codicil wills are documents that contain an updated version of a statement or provision in an existing will and testament. A codicil functions as a supporting file that can only be valid if the maker of the will and the witnesses affix their signatures on the document.

Codicil Wills Definition & Meaning

Codicil wills are legal documents that are intended to make amendments to an existing will and testament.

This means that codicil wills are also considered supplementary documents to support the changes made within an original will.

What Is a Codicil Will?

Codicil wills rose to popularity prior to personal computers when revising portions of a will would mean rewriting the entire document. The document allows a person to make amendments to a will without starting from the beginning. Although now it is easier to edit a will and testament, some state or courts still accepts a codicil to supplement a will.

10 Types of Codicil Wills

Alaska Codicil to Will

Alaska codicil to will must contain the same legal requirements as a will. One of these requirements is the need to be signed by the maker of the will who should be eighteen years old or older and of sound mind. Multiple codicils are read together and later codicils cancel the previous ones in situations like the old codicil creates a problem with the new codicil or the old codicil was damaged.

Colorado Codicil to Will

Colorado codicil to will is necessitated to have more than one witness and to be notarized to guarantee its validity. The state of Colorado also recommends that the maker of the codicil should make changes with the assistance of an estate planning attorney from Denver. This will ensure that there are no inconsistencies in the will that may lead to litigation upon the death of the maker of the will.

Hawaii Codicil to Will

Hawaii codicil will is utilized to make a simple change in a person’s will and testament. Making a codicil is much easier than revoking the entire will when there is a minimum update to make on the existing will. In Hawaii, the final changes done in a codicil must align with the formalities used in the original will.

Delaware Codicil to Will

In Delaware, a holographic will or a will written in the testator’s handwriting is acceptable if other requirements are satisfied. Unlike other states, it is also allowed in Delaware to make a beneficiary to the will a witness. On the other hand, if there are minimal corrections to be made in the existing will, the Delaware codicil to will is suggested to be executed instead.

Georgia Codicil to Will

To make a Georgia codicil to will valid, the name of the owner of the will should be included together with the signature of to witnesses. Moreover, Georgia law does not require the key person to info their beneficiaries regarding the changes made in the will nor will they be required to ask for permission or approval from the beneficiaries. Seeking help from an estate planning law firm in Georgia to execute a codicil would be the best.

Illinois Codicil to Will

Before, it was allowed to make handwritten revisions on the original will however the state of Illinois suggests supplementing an Illinois codicil to will instead to update an existing will. It should be executed in a manner that is the same as the original will. The following are a few facts about the Illinois codicils: the document should be signed by the testator in the presence of two witnesses, the witness and the testator must execute the document at the same time, and the two parties must be eighteen years old or older.

Florida Codicil to Will

Rather than entirely revoking a will to make changes, writing a Florida codicil to will can be considered instead. Multiple codicils can amend a single will however it presents risks due to the difficulty of tracking multiple documents. On the other hand, in Florida, the executors should be at least eighteen years old and must be mentally and physically capable to perform the duties of being the testator’s personal representative.

Iowa Codicil to Will

The probate code 633.279 of Iowa states that wills and codicils must be written and signed by the testator or the testator’s representative for them to be valid. The Iowa codicil to will should also be witnessed by two competent persons in the presence of the testator. Moreover, a person must be of the right age and of sound mind to be able to execute a cill or a codicil.

Kansas Codicil to Will

A Kansas codicil to will is used to amend a current will. For a codicil to be valid in Kansas, it needs to show testamentary intent and meet all the requirements. It should be known by the testator or their representative that a codicil is meant to remove, change, or update a part or some parts of an original will and it is not intended as a complete will.

New Jersey Codicil to Will

A New Jersey codicil to will enables people to modify an existing will without having to create a new will. Like in most states, a codicil in New Jersey must also be written and signed by the testator or their representative and the witnesses in the presence of each other. Moreover, it is advisable that a person should seek help from a lawyer or a legal professional, especially because it is a legally binding document.

Codicil Wills Uses, Purpose, Importance

Essentially, a codicil works as a supporting document to verify that a small change in a will and testament is valid and approved by its maker. Instead of revamping the entire will to correct or update a small portion of it, a codicil is executed. This legal process presented great convenience back in the day which led to the recognition of its importance and uses such as the ones mentioned below.

Change Executor

Unprecedented occurrences may arise over the years that may change your decision in the past. In this context, a person may change their mind in terms of the executor stated in the will and testament. Because this is a small portion of the entire will, changing the executor name can be done with a codicil document.

Add Beneficiaries

With the option to execute a codicil document, a testator is capable to add or remove beneficiaries in their will. This is most useful when the owner of the will decides to add a new member of the family as a beneficiary. Any contingent beneficiary the testator decides to put in an existing can be executed with a codicil.

Update Familial Circumstances

The downside of making a last will and testament is the inevitable changes that occur along the way. New members are added to the family and may be included in an existing will as beneficiaries. For circumstances like this, a codicil will be ideal to make this change in the document.

Revise Wishes

Plans and wishes could change over time and it would mean that the will would need amendments. But because this part does not entirely consume the will and testament, a codicil would suffice to make this revision. A testator can either add or remove wishes stated in their will according to their liking.

Modify Gifts to a Beneficiary

Sometimes, plans would go in a different direction than what we initially thought. For a testator, this could be the material legacy enumerated in their will and testament. If the maker of the will decides to modify the gifts intended to be passed on to their beneficiaries, they can do so by filing a codicil.

What’s in a Codicil Will? Parts?

Personal Information

This part of the codicil includes the full name of the testator and their personal address to clarify the ownership of the will.

Date of Codicil Effectivity

The date in the codicil tells when the document would take effect.

Declaration of Sound Mind

It is important that a codicil includes a statement confirming that the testator and their witnesses are of sound mind as per the requirement of most state law.

Testator’s and Witnesses’ Signatures

The signatures of both the owner of the will and the two witnesses must be in the codicil otherwise the document will be invalid.

How to Design a Codicil Will

1. Choose a Codicil Will size.

2. Determine the purpose of the codicil wills.

3. Select a Codicil Will Template.

4. Identify the part of the original will to be amended.

5. Fill in the template with the necessary information.

6. Review the revised codicil document.

Codicil Wills vs. Amendment

A codicil will is a document that enables an owner of a will to make simple changes to an existing will.

An amendment, according to Merriam-Webster, is the process of altering or amending a law or document by a constitutional procedure.

What’s the Difference Between Codicil Wills, Statement, and Testament?

A codicil will is a legally binding document executed to supplement an original will and testament.

A statement, defined by Oxford Dictionary, is a definite expression in speech or writing.

A testament refers to a person’s will that is related to their personal properties.

Codicil Wills Sizes

Codicil wills sizes follow the standard paper sizes commonly used for legal documents. This document’s sizes vary between the three listed below:

• Letter (8.5 × 11 inches)
• Legal (8.5 × 14 inches)
• A4 (8.3 × 11.7 inches)

Codicil Wills Ideas & Examples

Although the different US states implement similar laws regarding codicil wills, they all have a few distinguished details. The following codicil wills ideas and examples can be considered in making your own codicil document:

• Maine Codicil Wills Ideas and Examples
• Nevada Codicil Wills Ideas and Examples
• Ohio Codicil Wills Ideas and Examples
• New York Codicil Wills Ideas and Examples
• Tennesse Codicil Wills Ideas and Examples
• Oregon Codicil Wills Ideas and Examples
• Utah Codicil Wills Ideas and Examples
• Virginia Codicil Wills Ideas and Examples
• Second Codicil Wills Ideas and Examples
• Wyoming Codicil Wills Ideas and Examples

FAQs

More in Documents