How to Add a Codicil to a Will

You have to add a codicil to a will if you want to change it. A codicil is an amendment, but it can also be used to revoke a will. Here’s how to add one.

Write a Codicil

A codicil is a separate document that’s kept with the will. You write a codicil to a will the same way you wrote the original will. It will state which provisions of the will you want to modify and the new terms. Then, you’ll sign and date it so that the probate court can see that the codicil was executed after the will.

Witnesses

If your original will include witnesses, then you’ll need to get signatures of witnesses when you add a codicil to a will. They don’t have to be the same witnesses, but the number of witnesses has to be consistent.  

Holographic Will and Codicil

You can write out a codicil to a will and sign and date it the way you did your holographic will. Keep in mind that probate courts prefer a typed will and that having both the holographic will and the codicil may increase the likelihood of a legal contest. The codicil may not be upheld as valid.

An estate planning lawyer can help you add a codicil to a will. He may recommend that you write a new will if the changes are substantial.

 

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