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Wills • Components of a Will
WILLS#028
Legal Definition
A codicil is a testamentary instrument executed in compliance with the probate code that modifies, amends, or revokes a will. It requires the same formalities as a will, and is admissible to probate by itself. To the extent the will remains unchanged by the codicil, it is deemed to speak as of the date of the codicil and is thus republished by the codicil.
Plain English Explanation
In other cards, you've learned about how sometimes people choose to revoke an old will and, instead, create a new will. But what if instead of killing an old will and creating a new one, you'd prefer to just update it? Then you use a codicil. "Codicil" is just a super old-timey word for "amendment to a will."
Since it impacts a will, it has to follow the same procedure as one and you'll treat it the same way. If something in the will conflicts with the codicil, the codicil is interpreted as what the testator changed their mind to. Similarly, everything that isn't changed or updated by the codicil is considered republished, which just means it is like the testator affirming they are still cool with everything they wrote before.
Since it impacts a will, it has to follow the same procedure as one and you'll treat it the same way. If something in the will conflicts with the codicil, the codicil is interpreted as what the testator changed their mind to. Similarly, everything that isn't changed or updated by the codicil is considered republished, which just means it is like the testator affirming they are still cool with everything they wrote before.
Hypothetical
Hypo 1: Bob writes a will leaving his prized guitar collection to his nephew, Sam. Later, Bob buys a rare guitar that he wants to leave specifically to his friend, Amy. He writes a codicil to add this detail and has it properly witnessed. Result: The codicil successfully updates Bob’s will to include the specific gift of the rare guitar to Amy, without changing the rest of the will. Bob's nephew, Sam, still inherits the rest of the guitar collection.
Hypo 5: Bob, upon hearing a rumor about an upcoming law change, tells Sam verbally that he wants to change his will to leave everything to charity. He doesn’t write a codicil. Result: Since Bob only spoke about changing his will and didn’t write a codicil, his original will remains unchanged. Verbal statements cannot modify a will.
Hypo 5: Bob, upon hearing a rumor about an upcoming law change, tells Sam verbally that he wants to change his will to leave everything to charity. He doesn’t write a codicil. Result: Since Bob only spoke about changing his will and didn’t write a codicil, his original will remains unchanged. Verbal statements cannot modify a will.
Visual Aids
Related Concepts
In California, what is the exception to the requirement that an incorporation by reference need be a writing in existence as of the date of executing the will?
What does incorporation by reference require?
What is an integration?
What is a pour-over will and how is it validated?
What is the doctrine of Acts of Independent Significance?
