Changes to a will

Question 1

CODICILS

Answer 1

1. codicil: a testamentary instrument executed in compliance with the CA Probate Code which modifies, amends, or revokes a previously executed will
2. codicil and the previous will must be executed with the same formalities (signed writing + 2 witnesses)
3. note: a properly executed codicil can incorporate by reference a prior defective will, making it valid

Question 2

Codicils- republication

Answer 2

1. doctrine of republication: the will is treated as having been executed on the date of the last codicil
2. republication (down-dating) occurs in two scenarios on the bar:
   i. allowing incorporation by inference of later documents: situations where the incorporated document was not in existence at time of execution (or modified after execution)
   a. ex.
   i) Jan 1: testator executes inter-vivos trust
   ii) Jan 2: testator executes will with pour-over provision
   iii) Jan 3: trust is amended
   a) no incorporation by reference of trust into will, bc trust has been amended and was therefore not in existence when the will was executed
   iv) Jan 4: testator executes a codicil that republishes the will
   a) incorporation by reference now works
   ii. preventing pretermission: allowing republication so that the birth is deemed to have taken place before the will was executed
   a. alternatively, the codicil is a testamentary instrument, so the birth (or marriage or domestic partnership) took place before all testamentary instruments were executed
3. note: a conditional codicil (if I die in Europe I want my money to go to…) republishes the will even if the condition does not occur

Question 3

Revocation of codicils

Answer 3

1. see below, effects on other instruments