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: Arkansas Changing Will with Codicil to Will Adding New Bequest and Republishing: A Comprehensive Guide Introduction: In Arkansas, individuals have the opportunity to amend their existing wills by making changes through a codicil. This legal document allows the testator (the will creator) to add new bequests and republish their will with the necessary modifications. This article aims to provide a detailed description of the process, its importance, and potential variations of changing a will in Arkansas using a codicil. 1. Understanding the Importance of a Codicil: A codicil serves as a valuable tool for individuals who wish to modify their wills without completely drafting new ones. It allows for specific changes in the form of new bequests or republishing the will while ensuring the overall testamentary intent remains intact. 2. The Steps Involved in Changing a Will with a Codicil: a. Identifying the Need for Change: Determine the specific reasons why modifications to the will are required. This could be due to the inclusion of additional beneficiaries, alteration of existing bequests, or adjusting executory provisions. b. Drafting the Codicil: Seek the assistance of an experienced attorney to draft a codicil that reflects the desired changes while adhering to Arkansas' legal requirements. The codicil must be clearly worded, properly witnessed, and signed to be considered valid. c. Signing and Witnessing the Codicil: The testator must sign the codicil in the presence of at least two competent witnesses who are not beneficiaries or related to beneficiaries. These witnesses must also sign the document, affirming its authenticity. d. Storing the Codicil: Ensure the codicil is stored securely alongside the original will. Inform the executor or a trusted individual about its existence and location, ensuring its accessibility when needed. 3. Republishing the Will: Alongside creating a codicil, testators often choose to republish their will. This process involves executing a new series of formalities to reaffirm and reinforce the document's updated content. Republishing ensures that the will maintains its legal standing and demonstrates the intent to include the changes outlined in the codicil. 4. Notable Types or Variations of Changing a Will in Arkansas: a. Single Codicil: This refers to making only one modification to the original will using a codicil. It may involve adding a new bequest, removing a beneficiary, altering an existing provision, or clarifying language. b. Multiple Codicils: When several changes are required in different parts of the will, multiple codicils may be drafted. Each codicil should be clearly labeled, making it easier to identify and interpret the changes made. c. Complete Will Restatement: In some cases, instead of a codicil, a testator may opt to create a completely revised will that replaces the original one. This process involves drafting an entirely new document incorporating the desired changes while invalidating the previous will. Conclusion: Changing a will in Arkansas through a codicil allows for flexibility in reflecting new bequests and republishing the amended will. Consulting with a knowledgeable attorney, understanding the legal requirements, and adhering to proper drafting and witnessing procedures is essential throughout the process. Whether it's a single codicil, multiple codicils, or a complete will restatement, individuals can ensure their estate plan accurately represents their wishes.
