When to Make a Codicil

April 7, 2011 Hull & Hull LLP Estate & Trust Tags: 0 Comments

A Codicil amends an existing Will.  Although the Codicil is a separate document it is clearly tied to the Will which it amends.  Codicils are sometimes seen to be the preferred choice if a client attends at a lawyer’s office to change the executor named in the Will but leave the balance of the Will unchanged.

Apparently, the whole concept of a Codicil arose as a time saving exercise given the expectations that legal documents were historically completed in original ink in the same hand.  Some on line commentators have noted that the rationale for a Codicil in places of a Will ceases to exist given word-processing technology

An interesting on line discussion of this issue among legal professionals came to my attention yesterday. The issue being discussed was when or whether it was advisable to draft a Codicil.  I was interested to see that a significant majority of those involved in the discussion appeared to favour the drafting of a new Will over the making of a Codicil.  When the Will which the Codicil amended was not drawn by the same lawyer, there seemed to generally be an even greater reluctance to draw a Codicil.

David M. Smith – Click here for more information on David Smith.

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