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: Michigan Changing Will with Codicil to Will Revoking Entire Article of Will: A Comprehensive Guide Introduction: Michigan allows individuals to modify their wills through a process called "changing a will with codicil." This legal procedure provides flexibility for testators (individuals creating wills) to update their estate plans while revoking specific articles within the will. In this article, we will offer a detailed understanding of Changing Will with Codicil in Michigan, exploring its purpose, process, and different types. I. Understanding Michigan Changing Will with Codicil to Will: A. Definition: Changing a will with codicil refers to the act of amending a will without rewriting the entire document. It allows the testator to make alterations to specific aspects of the existing will while ensuring the remaining provisions remain intact. B. Purpose: The primary purpose of Changing Will with Codicil is to address changes in the testator's circumstances or intentions after creating the initial will. It enables them to update beneficiaries, include new assets, remove specific bequests, or modify any other provisions without the need for a complete revision. II. Process of Changing Will with Codicil in Michigan: A. Consultation with an Attorney: Engaging an experienced estate planning attorney is critical to ensure compliance with Michigan's legal requirements and to draft a valid codicil that aligns with the testator's intentions. B. Reviewing the Existing Will: The testator and their attorney thoroughly review the current will, identifying the specific article or provisions they wish to revoke, amend, or add. C. Drafting the Codicil: The attorney prepares the codicil, including a clear statement highlighting the desired changes and the testator's intent to revoke designated articles from the original will. D. Signing and Witnessing: Following Michigan law, the testator signs the codicil in the presence of two witnesses who also sign the document. Notarization is not required but is recommended to add an extra layer of authenticity. E. Safekeeping: The executed codicil should be kept with the original will or in a secure location alongside other estate planning documents, ensuring easy access when needed. III. Different Types of Michigan Changing Will with Codicil to Will: Michigan Changing Will with Codicil can involve various modifications, such as: 1. Changing Beneficiaries: Modifying the list of beneficiaries by adding or removing individuals. 2. Altering Bequests: Amending specific bequests, such as the nature or amount of property designated for beneficiaries. 3. Updating Executors: Substituting or adding new executors, ensuring efficient estate administration. 4. Revoking Specific Provisions: Completely eliminating or replacing entire articles within the will. 5. Designating Guardianship: Naming or changing legal guardians for minor children in case of the testator's demise. Conclusion: Michigan Changing Will with Codicil provides a practical solution for testators wishing to update their wills without rewriting the entire document. By following the legal process and consulting an attorney, individuals can ensure their estate plans reflect their changing circumstances and intentions. Whether it involves modifying beneficiaries, altering bequests, or entirely revoking specific provisions, Changing Will with Codicil allows for a flexible and efficient estate planning approach.
