Amendment by Codicil Flashcards
What is a codicil?
A formal document that amends an earlier will rather than replacing it.
Rules for executing a codicil?
Exactly the same formalities as executing a will.
What must a codicil reference?
The original will it amends.
When are codicils appropriate?
Creating new provisions, editing existing provisions, revoking provisions in a will.
Limit on the number of codicils?
No limit.
Risks of using codicils?
Not noting changes to name/address, not affirming original will, incorrect cross-references, ignoring previous codicils, contradictions, incorrect clause numbering.
Effect if codicil and will are inconsistent?
Codicil revokes the will to the extent of inconsistencies only.
What is the effect of ‘republishing’ a will in a codicil?
Will is treated as executed on the codicil’s execution date.
When can a codicil correct a problem caused by the original will?
If the original will was witnessed improperly, such as by a spouse, denying beneficiary inheritance.
Can a witness benefit from a codicil?
No, same rule as with a will.
How are manuscript amendments affirmed by a codicil?
Express reference must be made in the codicil to amendments done before execution.
Effect if will was not duly executed, but later codicil was?
Codicil gives validity (‘life’) to the previously invalid will.
