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 Arkansas Changing Will with Codicil to Will Revoking Entire Article of Will Introduction: In the state of Arkansas, individuals have the opportunity to amend their wills through a legal process known as changing a will with a codicil. This process allows individuals to modify specific provisions or revoke entire articles of their existing wills. This article aims to provide a detailed description of Arkansas changing will with codicil to will revoke an entire article of will, highlighting its importance, procedure, and different types of changes possible. 1. Defining Arkansas Changing Will with Codicil: Changing a will with a codicil refers to the legal process allowing individuals in Arkansas to make alterations or additions to their existing will, without entirely rewriting the document. This allows them to revoke specific provisions or an entire article, ensuring their testamentary wishes remain up to date. 2. Importance of Changing a Will with Codicil in Arkansas: a. Flexibility: Changing a will with a codicil provides flexibility to adapt to evolving personal, financial, or familial circumstances, such as the birth of a child or acquisition or disposal of assets. b. Ensuring Clarity: A codicil helps individuals clarify or modify any ambiguous language or provisions in their wills, ensuring their intentions are accurately reflected. c. Protecting Beneficiaries: Through codicils, individuals can remove or add beneficiaries, alter inheritance amounts, or change property distribution, ensuring their loved ones are properly accounted for. 3. Procedure for Changing a Will with Codicil: a. Consultation with an Attorney: Seek professional legal advice from an experienced estate planning attorney to ensure compliance with Arkansas state laws and draft a valid codicil. b. Drafting the Codicil: The attorney will help prepare a codicil document that includes revocation instructions for the specific article(s) to be changed, ensuring it abides by the legal requirements. c. Execution and Notarization: Sign the codicil in the presence of two witnesses and a notary public to ensure its validity. d. Attaching to the Will: Safely store the codicil with the original will, ensuring accessibility when necessary. e. Informing Key Parties: It is advisable to inform trusted family members, executors, and beneficiaries about the changes made through the codicil, ensuring transparency and reducing the risk of any potential disputes. 4. Types of Changes Possible: a. Revocation of an Entire Article: With a codicil, individuals can choose to revoke an entire article within their will, rendering it null and void. b. Amendment of Specific Provisions: Codicils also allow individuals to modify particular provisions, such as changing an executor, updating asset distribution, or altering bequests. Conclusion: Arkansas changing will with codicil to will revoke an entire article of will provides individuals with a legal and flexible method to modify their testamentary wishes. Through the detailed procedure and understanding the available options, individuals can ensure their wills accurately reflect their current circumstances and desires. Seeking professional guidance from an attorney is crucial to ensure compliance with Arkansas laws and validity of the codicil.
