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.
In Michigan, changing a will with a codicil to revoke a bequest and devise is a process that allows individuals to modify their existing wills and make adjustments to specific gifts and inheritances. A codicil is a legal document that serves as an amendment to a will and is used when only minor changes need to be made. When individuals wish to update their will to exclude a particular bequest or devise, a codicil can be utilized instead of completely rewriting the entire will. This can be a convenient option that saves time and effort, especially when the changes required are not significant or do not affect the overall structure of the will. There are different types of Michigan changing wills with codicils that involve revoking a bequest and devise. These variations may include: 1. Revoking a Specific Bequest: In this type of change, an individual may want to remove a specific item or asset from the list of bequests mentioned in their will. For example, if someone initially willed their antique book collection to a family member but now wishes to revoke that bequest, a codicil can be used to exclude the collection from the bequests section. 2. Changing a Devise: Devise refers to the transfer of real estate or property through a will. If an individual decides to modify the recipient of a particular property mentioned in their will, they can create a codicil to revoke the original devise and substitute it with a new beneficiary. An example could be changing the person inheriting a family vacation home. 3. Altering the Share of a Bequest or Devise: Sometimes, individuals may want to modify the share or portion of a bequest or devise to either increase or decrease it. For instance, if a person initially planned to divide their estate equally among their children but later wants to reduce one child's share, a codicil can be used to specify the revised distribution. 4. Entirely Revoking a Bequest or Devise: In certain cases, individuals may wish to completely eliminate a specific bequest or devise from their will. This can be done through a codicil that explicitly revokes the intended gift or inheritance. It is crucial to consult with an attorney experienced in estate planning and probate law to ensure that all legal requirements are met while making changes to a will. The attorney can draft the codicil correctly, ensuring its enforceability and compatibility with Michigan laws.
