A codicil is a written supplement to a person's will, which must be dated, signed and witnessed under the same legal rules applicable to the making of the original will, and must make some reference to the will it amends. A codicil can add to, subtract from, revoke or modify the terms of the original will. When the person dies, both the original will and the codicil are subject to the probate process and form the basis for administration of the estate and distribution of the assets of the deceased.
A codicil is used to avoid rewriting the entire will. A codicil should reference each section number of the will and the specific language that will be affected. It is important that a codicil is as clear and precise as possible to avoid undue complications.
Statutory provisions in the various jurisdictions specify the formal requisites of a valid will. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Understanding Alabama Changing Will with Codicil to Will Revoking Bequest and Devise Introduction: In Alabama, the process of modifying a will to change or revoke a bequest or devise is called "changing a will with codicil." This legal procedure allows individuals to amend their estate plans effectively and ensure that their assets are distributed according to their current wishes. This article will provide a detailed description of the Alabama changing will process with a codicil, explaining its significance, procedure, and potential types. Key Terms: Alabama changing will, codicil, revoking bequest, revoking devise, estate planning, asset distribution. I. Importance of Changing a Will with Codicil: Modifying a will with a codicil can be necessary for various reasons, including: 1. Changing Beneficiary Designations: Individuals may wish to alter the beneficiaries' shares or remove/add beneficiaries to reflect their current relationships and intentions. 2. Asset Allocation: As personal circumstances change, it may become necessary to reassign assets, adjust percentages, or introduce provisions on how specific properties should be managed or distributed. 3. Revoking Bequests or Devises: Some individuals might decide to eliminate specific bequests (property or assets) or devises (real estate) stated in their original wills. II. Procedure for Changing a Will with Codicil: 1. Consultation with an Attorney: Seek legal advice from a reputable estate planning attorney who will guide you through the process and ensure your changes comply with Alabama state laws. 2. Drafting the Codicil: Working closely with your attorney, you will draft a codicil, which is a separate legal document that outlines the changes you want to make to your will. 3. Required Information in the Codicil: a. Clear Identification: Begin the codicil with a clear identification of the original will you intend to modify, including its date of execution. b. Statement of Validity: Clearly state that the codicil is intended to modify the original will and reaffirm it as a legally binding document. c. Details of Changes: Provide explicit details about the bequests, devises, or other modifications you wish to make. Include relevant names, descriptions of property or assets, and specific instructions. d. Witness and Execution: The codicil should be witnessed by at least two competent individuals who are not beneficiaries or involved in the will's execution. III. Types of Changes in Alabama Changing Will with Codicil: 1. Revoking a Bequest: When an individual no longer desires a specific beneficiary to receive property/assets allocated to them in the original will, a codicil can be used to officially revoke or eliminate the bequest. 2. Revoking a Devise: Similarly, individuals may choose to revoke or alter a devise that designates specific real estate or property to a beneficiary stated in the original will. 3. Changing Beneficiary Shares: A codicil can facilitate altering the percentages or shares of the estate designated to each beneficiary. 4. Adding or Removing Beneficiaries: A codicil also allows individuals to add or remove beneficiaries from their original will, reflecting changes in their relationships or personal circumstances. Conclusion: The process of changing a will with a codicil involves modifying the original will to revoke or alter bequests, devises, or beneficiary designations. This legal procedure ensures that individuals' estate plans accurately reflect their current wishes and circumstances in Alabama. Seeking guidance from an experienced estate planning attorney is crucial to ensure compliance with applicable laws and the proper execution of the codicil.
