Wills: codicils Flashcards
Formalities
A codicil is a supplement to a will that alters, amends, or modifies the will rather than replacing it.
Generally, a codicil must be executed with the same formalities as a will—i.e., depending on whether it was attested or holographic.
Republication date
A validly executed codicil republishes a will as of the date of the codicil.
Curative codicil
A validly executed codicil may validate an invalid will if:
(1) the codicil refers to the will with sufficient certainty to identify and incorporate it; or
(2) if the codicil is on the same paper as the invalid will.
Modification by holographic codicil
A valid attested will can be altered, amended, or modified by a holographic codicil, so long as the codicil meets all of the requirements of a holographic will.
Incorporation by reference
A will may incorporate by reference another writing provided that the other writing
(1) existed at the time the will was executed;
(2) is intended to be incorporated; and
(3) is described in the will with sufficient certainty so as to permit its identification.