What is the difference between a will and a codicil?

A will and a codicil are two different legal documents, both of which are related to estate planning in the state of Virginia. A will is a written statement of a person’s wishes regarding the distribution of their possessions after their death. A codicil, on the other hand, is an addition or amendment to an existing will. A will is the primary document used to specify how a person’s assets should be distributed upon their death. It is typically written before death and must be signed by two witnesses, as witnessed by Virginia law. By contrast, a codicil is typically an amendment to an existing will. This amendment may be made to modify, explain or alter any part of the original will. The major difference between a will and a codicil is that a will must be drafted while a person is still alive, while a codicil is usually made to modify an existing will after the person has died. This means that the original will must have already been created and signed, and the codicil is simply an amendment to that document. Another key distinction between a will and a codicil is that a will must meet certain requirements under Virginia law, while a codicil does not. To be valid in Virginia, a will must be in writing and be signed by two witnesses in the presence of the testator (the person creating the will). A codicil must also meet certain legal requirements, but these requirements are generally less stringent than those of a will.

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