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: Mississippi Changing Will with Codicil: Revoking Entire Article of Will | Detailed Description and Types Introduction: In Mississippi, individuals have the option to amend their wills by executing a codicil, a legal document that allows specific modifications without completely redoing the entire will. One notable change that can be made using a codicil is the revocation of an entire article within the will. This article provides a detailed description of what this process entails, including the necessary steps and requirements. Read on to learn more about Mississippi's changing will with a codicil to revoke an entire article of the will. Detailed Description and Process: 1. Purpose of Changing the Will: When circumstances change after creating a will, it may become necessary to eliminate or modify an entire article within the will. This could be due to various reasons, such as: altering beneficiaries, changing asset distribution, updating provisions, or addressing changes in family dynamics. 2. Understanding Codicils: A codicil in Mississippi is a separate legal document that can be used to modify or supplement an existing will without entirely rewriting the original will. When revoking an entire article, a codicil can serve as a useful tool. 3. Consultation with an Attorney: Before making any changes to your will, it is recommended to consult with an experienced estate planning attorney in Mississippi. They can guide you through the legal process, offer advice based on your specific situation, and ensure compliance with state laws. 4. Drafting the Codicil: To revoke an entire article of the will, a codicil must clearly state the intention to revoke the specific article. It should include the individual's name, date of birth, full address, and be signed and witnessed in accordance with Mississippi's legal requirements. 5. Legal Requirements: In Mississippi, a codicil should be in writing, signed by the testator (person making the changes), and witnessed by at least two competent individuals who are not beneficiaries named in the will. The witnesses must be present when the testator signs the codicil and then sign it themselves. Types of Changing a Will with Codicil to Revoke an Entire Article: 1. Revoking Article on Beneficiaries: If there have been significant changes in personal relationships or if you wish to remove or add beneficiaries, a codicil can be used to revoke the entire article regarding beneficiaries in the will. 2. Revoking Article on Asset Distribution: When assets or properties have changed, or new ones have been acquired, you can use a codicil to revoke an entire article dealing with the distribution of assets in your will. 3. Revoking Specific Provisions: Sometimes, only specific provisions within an article require modification. In such cases, a codicil can be used to revoke and replace only those provisions, rather than the entire article. Conclusion: Mississippi's changing will with a codicil can offer individuals flexibility and ease when revising their estate plans. Revoking an entire article of a will using a codicil can be a practical option when circumstances change over time. By seeking legal guidance and understanding the steps involved, individuals can make necessary modifications to reflect their current wishes and ensure their estate plans accurately represent their intentions.
