What is a codicil?

A codicil is an amendment to an existing last will and testament or other legal document. In California, codicils are used to make minor changes to a person’s will or trust, such as adding or removing someone as a beneficiary or changing the terms of a gift. Codicils must be in writing and signed by the person who made the original will or trust. This person is called the testator. The codicil must be signed in front of two witness and must be notarized. It is important to note that the testator must have testamentary capacity, which means they must understand the nature of the document they are signing and the effects it will have. Without testamentary capacity, the codicil would not be valid. Another important note is that because codicils are amendments, they must be consistent with the original document. When making any changes with a codicil, the testator must make sure that the provisions in the codicil do not conflict with any pre-existing provisions in the original document. Codicils can be an effective way to make changes to existing wills and trusts without having to write a completely new one. However, it is important to follow proper procedures when creating a codicil to make sure that it is legally valid.

Related FAQs

What is the difference between a will and a trust?
Who is entitled to the contents of a safe deposit box?
What is a testamentary gift?
What is a guardianship?
What are the duties of a trustee?
What is a testamentary trust?
Is probate the same in every state?
What is an executor's responsibilities?
What is a probate bond?
What is an irrevocable trust?

What is a codicil?

Related FAQs

Related Blog Posts