What is a codicil to a will?

What does codicil mean in legal documents?

"Codicil" is a legal term that comes into play in the context of wills and estate planning. To put it simply, a codicil is a document that modifies, deletes, adds to, or otherwise alters specific parts of an already existing will. It's a way for a person to make changes or updates to their will without having to write a whole new one. It's a kind of add-on or amendment to the original will.

One might use a codicil, for instance, if they wish to change the beneficiary of a particular asset, add new assets to the will, or even to appoint a new executor. It's a way of keeping the will current and reflective of the person's wishes and circumstances, which might change over time.

However, it's important to note that a codicil must also follow the same legal formalities as the original will for it to be valid. For instance, it must be signed and witnessed just like a will. Furthermore, while a codicil can be an effective tool for making minor changes, if there are substantial revisions to be made, it may be more appropriate to draft a new will. This is to ensure there are no inconsistencies or contradictions that could lead to potential legal disputes after the person's death.

What are some examples of codicil in legal contracts?

• Will: "I, John Doe, declare this document to be a codicil to my last will and testament."
• Estate Planning: In estate planning, a client may decide to add a codicil to their will to include a newly acquired property.
• Probate Law: In probate law, an attorney may advise their client to make a codicil to their will if they wish to change their executor.
• Trusts: "This codicil hereby amends the previous terms of the trust established under my will."
• Real Estate: In real estate transactions, if a property owner has a will, they might use a codicil to specify who inherits the new property.