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: Understanding West Virginia Changing Will with Codicil to Will: Adding New Bequest and Republishing Introduction: Updating a last will and testament is an essential step to ensure your estate distribution aligns with your current wishes and circumstances. In West Virginia, individuals can make changes to their will by executing a codicil, which allows them to add new bequests and republish the updated document. In this article, we will explore the process of changing a will in West Virginia, the significance of codicils, and the different types of changes individuals can make. 1. What is a Codicil to Will? A codicil is a legal document that allows individuals to modify certain provisions within their existing will, without completely invalidating the entire will. It serves as an additional document to the original will, detailing the desired changes and additions to be made. 2. The Process of Changing a Will in West Virginia: a. Determine the need for changes: Individuals should carefully consider their reasons for modifying their will and identify the specific changes they wish to make. b. Consult an attorney: Seeking legal advice is crucial to ensure compliance with West Virginia's laws and drafting a valid codicil. c. Draft the codicil: With the assistance of an attorney, the individual will prepare a new document outlining the desired revisions and additions to their will. d. Execution and witnessing: The codicil must be signed by the testator (person making the changes) in the presence of at least two competent witnesses, who will also sign the document. e. Keep the codicil with the original will: To ensure accessibility, it is advisable to attach the codicil to the original will and keep them in a safe and secure location. 3. Adding New Bequests in West Virginia: a. Specific bequests: Individuals can add specific assets, such as real estate or personal property, to be left to a specific beneficiary. b. General bequests: It is possible to add a general bequest of a certain sum of money or percentage of the estate to be distributed to a particular individual. c. Residual bequests: Changes can be made to the residue clause of the will, determining how the remaining assets of the estate will be distributed after specific bequests have been fulfilled. 4. Republishing the Updated Will: Once the codicil has been executed, it is prudent to republish the updated will to avoid confusion and ensure the probate court recognizes the changes. Republishing can be achieved by attaching a copy of the codicil to the original will or by creating a new will that incorporates both the original will and the codicil. Conclusion: West Virginia allows individuals to change their wills by executing a codicil, granting them the flexibility to add new bequests and republish the updated document. Consulting with an attorney is highly recommended navigating the legal requirements involved. By following the outlined process, individuals can ensure their estate distribution aligns with their current wishes and protects their loved ones.
