What is Codicil to Will Drafting?
A codicil to will is an amendment to an original will that prevents you from having to rewrite the entire legal document. It should contain specific terms and be accurate to prevent challenges.
If you need to draft a codicil to will, read the rest of this article for clarity about key terms to include in a codicil to will, how to draft it, and how a lawyer will help you with the process.
What are Key Terms in a Codicil to Will?
A codicil to will usually contains the following core information or terms.
- Testator. This is the person who drafted the original will and is now making changes to it.
- Date of original will. Make sure you include the date when the original will was signed.
- Revocation. Instead of a mere amendment, revocation is when you cancel a specific provision in the will.
- Testamentary capacity. This verifies that the person amending the will has mental and legal capacity.
- Bequest. When explaining what assets are included in the will, make sure you’re still satisfied with them and your chosen beneficiaries.
- Ratification. This serves to confirm that the other, unchanged provisions in the will are still legally valid.
- Signatures. Include the testator’s signature. Check all state rules as they might require witnesses and their signatures.
What are Tips for Drafting a Codicil to Will?
To ensure you don’t make costly mistakes in your codicil to will, there are some drafting tips to consider.
Check State Laws
Since codicil to will requirements can vary quite a bit from state to state, you should always refer to your specific state laws. This will ensure that everything contained in the codicil to will is legally compliant and valid.
Avoid Long Explanations
The most important point when drafting a codicil to will is making sure that every amendment is clearly described, down to the paragraph that you’re changing. You don’t need to provide long explanations for why you’re making the changes.
Mention Unchanged Provisions
Include a clause confirming that all other provisions in the original will are not being changed. This will ensure that they will still be legally valid. It also serves to prevent confusion or disputes.
Review Your Asset Distribution
You should check that any changes to specific asset distribution are clear and don’t create confusion with the original will.
Refer to Estate-Planning Arrangements
When drafting your codicil to will, you should refer to your original will and other estate-planning arrangements. This will ensure that everything is consistent and won’t create confusion or disputes in future.
Store the Codicil to the Will Safely
Once your codicil to will is drafted, store it and your original will in the same safe place. Let your executor know where they are and provide copies should these be required.
Should You Hire a Lawyer for Codicil to Will Drafting?
A lawyer is advisable to hire if you want to draft a codicil to will, especially if you’re unsure of how to navigate the process. A lawyer will consider the following during the drafting process.
- Consulting with you before drafting the legal document to get the full picture of your intended changes to the will and why they matter.
- Referring to your original will to ensure that it doesn’t conflict with the codicil to will. They’ll check that the amendments are also consistent with the remaining provisions.
- Clearly indicating the specific terms and clauses that need to be changed or revoked.
- Considering if a codicil to will is required or if it better serves you to prepare a new will.
- Aligning all elements of your codicil to will with the relevant laws and legal requirements.
- Executing your codicil to will so that it’s done correctly, such as when getting signatures and following witnessing requirements in your state.
- Reviewing your codicil to will. If you’ve already drafted a codicil to will, you should hire a lawyer to review it for you so that you get peace of mind that all its terms are clear and legally sound.
Where to Find a Lawyer for Codicil to Will Drafting
A codicil to will can be challenging to draft if you don’t have the experience, but finding a lawyer to draft it doesn’t have to be stressful. From the comfort of your home, you can find an online legal platform that makes it easy to connect with a lawyer who is reputable and experienced.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a curated network of lawyers who have been vetted on the platform.
Here are steps to follow when requesting that a lawyer drafts your codicil to will:
- Go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ Alternatively, select ‘Contract review’ if you want a lawyer to conduct a professional review of your codicil to will.
- Post your project, which is free to do. Include some details to help you match with suitable lawyers on the platform.
- Wait for bids. Without having to search for lawyers, lawyers on the platform will send you multiple bids to work on your project.
- Review the lawyer data. The platform provides extensive information about lawyers you can hire, such as their credentials, years of experience, field of expertise, location, and client ratings for previous projects they’ve completed on the platform.
- Select a lawyer to hire. They’ll draft your codicil to will for a flat fee.
