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Q.
Please explain what a codicil is and what it can and
cannot accomplish.
A. A
codicil is a testamentary document that can
effectively add to, alter, delete, revoke or
republish a will. Just as much care and
consideration should be given to codicils as the
original will. The codicil is most often used to
refer to an addition to the will, a change in
beneficiaries, or a change in the personal
representative. The attorney preparing the codicil
will generally have to review the existing will in
order to do a proper job in preparing a codicil.
A list of the items
usually included in a codicil are as follows:
-
Name and
residence (or city/county) of Testator.
-
Acknowledgment
and identification of the existing will and
existing codicils, if any.
-
Acknowledgment
of codicil as “first” codicil, “second” codicil,
etc..
-
Identification
of page, paragraph, or line(s) in will that need
to be changed.
-
Specification
or description of the modification of will or
prior codicils, if any.
-
Acknowledgment
of revocation of prior codicils, if any.
-
Signature of
Testator.
-
Proper
witnessing.
-
Notary (for
self-proving wills).
Codicils, of
course, have the same general requirements of a will
in that they must be in writing, properly witnessed,
and the testator of sound mind, capable of
understanding the instrument he executed.
A
common practice for those persons who have lived in
another state is to have a codicil prepared, thereby
republishing their existing will and changing their
legal residence to Florida and having the codicil
notarized (self-proving), so that out-of-state
witnesses need not be involved in proving the will.
For many persons, the cost of a simple will may be
only $35 to $50, and a codicil may cost that much.
Therefore, it may be wise to have a new will
prepared instead of a codicil.
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