What is the difference between a will and a codicil?

A will is a legal document that lays out the wishes of a person—called the testator—regarding what should happen to their estate after they pass away. A codicil is an amendment or supplement to an existing will. A codicil is used to make small changes to a will without needing to redo the entire document. In California, wills must be written, signed by the testator, and witnessed by two people in order for them to be valid. Codicils, however, do not require any additional witnesses since they are simply adding to an already existing document. It is important to note that codicils should be signed in the same way as the original will. When you make a codicil, the changes made to the original will must be dated, signed by the testator, and witnessed by two people. The witnesses must sign the codicil in the presence of the testator and in the presence of each other. It is important that the codicil be kept along with the original will so that it can be proved in court. It is important to note that codicils do not replace the original will; they simply modify it. If the changes made by the codicil conflict with the original will, the terms of the original will will prevail. In addition, it is important to note that any additions made by a codicil are also subject to the rules of will-writing in California.

Related FAQs

How can I protect my estate from creditors?
What happens when a will is contested in court?
What property is subject to probate?
How do I make a will?
What are the time limits for filing a will for probate?
Who will receive the estate if a will is invalid?
What is a durable power of attorney?
What is a holographic will?
Can I change the beneficiaries of my will after I die?
What is a no-contest clause?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023