Free Codicil to Will

A Codicil to Will is a written document altering, amending, explaining, revoking, or adding to a previously executed Last Will and Testament.

Table of Contents

• When Do I Need a Codicil to Will?
• When Not to Use a Codicil to Will
• Why You Should Use a Codicil to Will Form

When Do I Need a Codicil to Will?

A Codicil should be used for minor changes and alterations to your original will. It should not substantially change the meaning of the original will or affect the overall purpose of the original will.

Here are some ways it can be used:

• Change the Executor: The executor is the person you appoint to handle your estate’s distribution and ensure the directions in your Last Will are followed. If, for whatever reason, you want to change the executor named in your original will, you have the right to do so.
• Appoint a Guardian: If you get a dog after you execute your Last Will, you can update it by appointing a guardian to take responsibility for your four-legged friend after you pass.
• Redistribute Assets: If you become invested in a new charity or a named beneficiary dies or otherwise leaves your life, you can change the original distribution of assets in your Last Will.
• Distribute New Assets: If you have purchased a new property, you can update your Last Will by detailing how the new assets will be distributed.
• Plan Your Funeral: Perhaps you recently decided you don’t want a traditional burial and want your ashes scattered across the Pacific Ocean. You can change just that part of your original will rather than rewriting the entire thing.
• Correct Mistakes: If you discover one of your beneficiaries’ names is misspelled, or one of your items is improperly described, it is essential to correct that mistake to avoid confusion later.

Remember that if you are substantially altering your Last Will, you are better off revoking it and drafting a new will rather than using this document—the more complicated the alteration, the higher the likelihood of future disputes and unenforceability.

The original Will and each Codicil need to be proven to be accurate and authentic statements of your wishes during the probate process, which can create unnecessary confusion and aggravation for your loved ones.

When Not to Use a Codicil to Will

1. the changes are inherently different from the heart or nature of the distributions of the original will,
2. all or most of the gifts have been destroyed or sold,
3. the testator divorces, marries, or has a falling out with a beneficiary,
4. a new child is born or adopted,
5. the testator undergoes a significant change in financial status, or it will create uncertainty or ambiguities.

Although a Codicil is a separate legal document from your Last Will, it must be stored and kept with your Last Will for it to be legally enforceable.

A Codicil also requires the testator to abide by the exact formal execution requirements as a will, so the process is not any more straightforward than creating a new will.

Therefore, creating a new will may be advisable if you make minor changes in most situations.

Why You Should Use a Codicil to Will Form

Without this form, you will be unable to have your Last Will reflect the changes in your life, thus leaving nothing or the wrong items to loved ones or even the wrong people.

Ademption

Sometimes, certain gifts left to beneficiaries are no longer in the state or are substantially changed and, therefore, fail or are deemed.

Ademption generally occurs in two forms: ademption by extinction and ademption by satisfaction.

• Ademption by extinction occurs when the property bequeathed is no longer in the testator’s estate or is substantially changed and, therefore, cannot be given to the beneficiary. For example, if you leave your farm to your niece, but at the time of your death, you no longer own the farm, or the farm is now a luxury hotel, the gift can no longer be given to your niece and is deemed by extinction.
• Ademption by satisfaction occurs when the testator gives the bequest in the will to the beneficiary while the testator is still alive. For example, if in your will you leave your Rolex to your grandson but decide to give the watch to him for his high school graduation, the gift can no longer be provided once you pass and is deemed by satisfaction.

Circumstances such as ademption or other mistakes may leave openings for family members to contest other parts of your Last Will. A Codicil allows you to make minor changes or correct small mistakes without the time and expense of drafting a whole new will.

Here is a chart of possible consequences a Codicil could help prevent for a testator and beneficiaries of the will: