Layman’s Guide to Codicils

By James Johnson A codicil is a document that is executed by a person who had previously made his or her. Will, to modify, delete, qualify or revoke provisions contained in it. There is no legal limit to the number of codicils a person can have in his or her will. Some examples of when a can be used are:
• Adding an additional beneficiary
• Adding a newly acquired property
• Removing a property that was sold
• Removing a beneficiary
• Removing the name of someone who predeceased you
• Changing the executor A codicil must be signed in front of two witnesses who are not listed as beneficiaries, guardians or executors to your will.
In some states, a self proving affidavit, signed by you and at least two witnesses, under oath, before a public notary, can be used, as an attachment, To expedite the probate process. Codicils to a will can be challenged;
the challenging party can assert that the codicil was improperly prepared, that the deceased lacked capacity to execute the will on the date it was signed or that the deceased was subjected to undue influence, by another, which resulted in the decedent signing the codicil! Lack of capacity refers to mental incompetency; undue influence
means improper influence over the decedent; improper execution means that the codicil may not be a binding and valid instrument, from a statutory requirement perspective. A successful challenge of a codicil results in the document being deleted and the will be probated without the deleted codicil. This article is strictly for informational purposes. I am not a lawyer and cannot render legal advice.