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.
Pennsylvania Changing Will with Codicil to Will Revoking Entire Article of Will — A Detailed Description: In the state of Pennsylvania, individuals have the legal right to make changes to their Last Will and Testament through a codicil. This legal document allows testators to modify specific provisions within their Will without entirely invalidating the entire document. However, in some cases, individuals may wish to revoke an entire article or section of their Will by executing a codicil. A codicil is an addendum to an existing Will that alters certain provisions while keeping the remainder of the Will intact. By employing this legal instrument, an individual can make desired changes, such as revoking a particular article, paragraph, or provision of their Will, without going through the time-consuming process of creating an entirely new Will. Pennsylvania offers various types of codicils that allow individuals to modify or revoke specific parts of their Will. Here are the different types: 1. Partial Revocation Codicil: By implementing this codicil, a testator can choose to revoke a specific article or section of their Will, while preserving the remaining provisions as they were initially stated. 2. Multiple Revocation Codicil: This type of codicil is used when a testator wishes to revoke more than one article or section of their Will. It provides the flexibility to remove multiple provisions without affecting the rest of the document. 3. Codicil Revoking Entire Article: In certain circumstances, an individual may decide to completely eliminate an entire article from their Will. By executing this codicil, the testator can effectively nullify a designated section and prevent its application upon their passing. The process of changing a Will with a codicil to revoke an entire article involves several essential steps. First, the testator must draft the codicil, ensuring it complies with all legal requirements. It should clearly state the specific article or section being revoked and include the testator's name, the date of execution, and their signature, along with the signatures of two witnesses. Next, the testator must attach the codicil to the original Will, ensuring that the document remains intact and accessible together. It is recommended to keep the codicil with the Will in a secure location, such as a safe deposit box or entrusted to an attorney. To ensure the validity of the codicil and to avoid any potential challenges, legal advice from an experienced estate planning attorney is highly recommended. They can guide the testator through the process, ensure compliance with Pennsylvania laws, and verify that the intended changes are accurately reflected. In conclusion, the ability to change a Will with a codicil grants individuals in Pennsylvania the flexibility to modify or revoke specific sections of their Will, including entire articles. By utilizing the appropriate codicil, individuals can update their estate plans to reflect their current wishes and ensure a smooth transition of assets upon their passing.
