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| Wills, trusts and estates |
| Part of the common law series |
| Wills |
| Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will |
| Sections Attestation clause Residuary clause Incorporation by reference |
| Contest Testamentary capacity Undue influence Insane delusion · Fraud |
| Property disposition Lapse and anti-lapse Ademption · Abatement Elective share Pretermitted heir |
| Trusts |
| Express · Constructive Resulting |
| Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive |
| Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Honorary · Asset-protection |
| Governing doctrines Pour-over will Cy-près doctrine |
| Estate administration |
| Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest · Inheritance tax |
| Related topics |
| Totten trust |
| Other common law areas |
| Contract · Tort · Property Criminal law · Evidence |
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This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (August 2007) |
A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke a few small provisions (e.g., changing executors), or may completely change the majority or all of the gifts under the will. Each codicil must conform to the same legal requirements as the original will, such as the signatures of the testator and, typically, two or three (depending on jurisdiction) disinterested witnesses.
When confronted with testamentary writings executed after the date of the original will, a probate court may need to decipher whether the document is a codicil, or a new will. Generally, if the second document does not make a complete disposition of the testator’s property and does not revoke the will in its entirety, it will be presumed to be a codicil.
In some jurisdictions, acting as a witness to the execution of the codicil may invalidate a gift to a beneficiary under the original will.
As an alternative to a codicil, a testator may modify a Last Will & Testament by writing a new, dated will revoking any previous wills and codicils. With the advent of word-processors this is now becoming recommended practice (as suggested by the international specialist body in this field, STEP) even for relatively minor changes to avoid the difficulties of interpretation which can arise from a chain of (possibly mutually inconsistent) codicils. Particular difficulties in interpreting chains of codicils arise in jurisdictions such as England and Wales which do not require wills or codicils to be dated (although this is common practice).
In completion of a codicil, a form must be created specifying the modifications to the existing last will and testament. As with a last will and testament, it is necessary to witness amendments to the will since they may override the relevant sections of the original will.
References
- Wills, trusts, and estates, Dukeminier & Johanson, Aspen Publishers, Inc.; 7 edition (April 29, 2005)
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