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.
Maine Changing Will with Codicil to Will Revoking Bequest and Devise: A Comprehensive Guide Overview: Maine state law grants individuals the right to revise their existing wills using a codicil. A codicil is a legal document used to make changes or amendments to an existing will, allowing testators (the person creating the will) to update their wishes regarding bequests and devises. This detailed description focuses on Maine's process of changing a will with a codicil to revoke a bequest and devise. Types of Maine Changing Will with Codicil: 1. Revoking a Bequest: A codicil to a will can specifically revoke a bequest, which refers to an item or asset that was previously designated to be given to a certain person or organization upon the testator's death. This type of codicil allows you to remove a particular bequest from your will, altering the distribution of your estate. 2. Revoking a Devise: Devise refers to real property, such as land, buildings, or any immovable assets, that are included in the will for distribution after the testator's demise. If you wish to exclude a specific devise or property from your will, a codicil can be used to revoke that particular devise. Process of Changing a Will with Codicil to Revoke Bequest and Devise in Maine: 1. Familiarize Yourself with Maine Laws: Prior to making any changes using a codicil, it's important to understand the legal requirements and specific procedures related to altering a will in Maine. Familiarize yourself with the Maine Probate Code and seek legal advice if needed. 2. Review Your Existing Will: Thoroughly evaluate your current will to identify the sections that require modification. Determine which bequest and devise you wish to revoke, ensuring that your desired changes adhere to the state's laws. 3. Consult an Attorney: Although not mandatory, it is highly recommended consulting with an attorney experienced in estate planning to ensure your codicil is legally effective and properly executed. They will guide you through the process, ensuring your intentions are accurately reflected in the codicil and that it meets all legal requirements. 4. Draft the Codicil: The codicil is a separate document that must be prepared according to specific legal formalities. It must clearly state your intention to revoke a particular bequest or devise, providing sufficient details to identify the specific asset(s). Include your personal information, the date, and make sure it explicitly references your existing will. 5. Witness and Notarize the Codicil: In Maine, the codicil must be signed in the presence of two competent witnesses who are not beneficiaries of your will or related to you. The witnesses must be over 18 years old and of sound mind. The testator's (your) signature must also be notarized, verifying your identity and confirming your voluntary decision to revoke the bequest or devise. 6. Store the Codicil Properly: Keep the original codicil document in a secure location, such as a safe deposit box or with a trusted attorney. It is recommended to notify your executor or personal representative of the existence and location of the codicil to ensure it can be easily accessed when needed. 7. Communicate Changes to Relevant Parties: It is advisable to inform the individuals affected by the changes made through the codicil, such as the beneficiaries who had originally been designated for the revoked bequest or devise. This will help mitigate potential disputes or confusion surrounding your revised estate plans. Updating your will using a codicil provides a legal avenue to modify specific bequests and devises in Maine. However, it is crucial to follow the applicable laws and seek professional guidance to ensure your desires are adequately expressed, and your revised will reflects your updated intentions.
