What is a Codicil to Will Review?
A codicil to will is an amendment to a will without requiring you to make changes to the original will. This is a separate document you can use to explain or amend the existing last will and testament.
Since a codicil to a will usually involves correcting or updating information in the will, you need to review it carefully.
Read the rest of this article to explore what key terms you should review in a codicil to will, how you should review it, and when to consult a lawyer for assistance with the process.
What are Key Terms in a Codicil to a Will to Review?
There are some common key terms that appear in a codicil to a will that you should review.
- Testamentary capacity. This confirms that the person making changes to the will (the testator) has sound mental and legal ability to make them.
- Bequest. This provides the assets assigned to people in the will. Check that you’re still happy with all beneficiaries mentioned and what they will receive when you pass away.
- Residuary clause. In this section, any assets or property that isn’t given to anyone must be handled differently. Check all the details.
- Revocation. This states that cancelling or changing a section in the will is made official.
- Signatures. Make sure that you sign the document. In many states, you’ll require two witnesses’ signatures.
How Should You Review a Codicil to Will?
When reviewing the changes made to your will, there are some important tips to ensure that your codicil to will is correctly updated and doesn’t create issues later on.
Note the Changes
You should read through the original will and consider any sections you want to change or update. This should match what’s in the codicil to will so you can avoid missing anything important.
Refer to the Original Will
Make sure you identify the original will so that it’s clear what you’re amending. You should also identify yourself as the testator, such as by including your full legal name and address. State when the original will was signed.
List all the Changes in the Codicil
Your codicil to will should include a clear list of all changes made to the will. Check that clauses or sections being changed are clearly indicated.
Check the Language
The codicil to will should be written in language that’s easy to understand to prevent disputes. This also enables it to be legally valid in court because it doesn’t contain ambiguity.
Consider if a New Will Should Be Drafted
Instead of making changes to your current will, you might consider rewriting the will if the changes are complex or there are many of them. A lawyer can help you to decide if this is a better option for you.
Should You Hire a Lawyer for a Codicil to Will Review?
While you can make changes to the will yourself, it’s worth getting a lawyer to look over the document as they can best advise you on the process. A lawyer can assist you by:
- Ensuring that the codicil is legally valid and all requirements applicable to your jurisdiction have been followed.
- Reviewing it for consistency with the original will to prevent conflicting provisions.
- Considering future consequences, such as if there’s ambiguity that could result in disputes.
- Checking beneficiary designations. They’ll ensure that the codicil is aligned with all beneficiary designations regarding your assets, while helping you make appropriate changes should these be required.
- Evaluating your intentions. They’ll ensure that the codicil to will is an accurate reflection of your wishes.
- Flagging any vague or ambiguous wording. They’ll replace it with clear, simple language that is easy for your executor and beneficiaries to understand.
- Executing the will properly. Lawyers have in-depth legal knowledge of what’s required to execute the document, such as signing and witnessing your will.
- Storing your will safely. A lawyer will store your codicil to will with your original will in a secure place so that it’s easy to locate and use when required.
Where to Find a Lawyer for a Codicil to Will Review
If you need to hire a lawyer to review your codicil to will for clarity, you don’t have to take lots of time out of your schedule to find one who’s experienced and reputable. On online legal platforms, you can conveniently access a network of qualified lawyers who can assist you.
One of them is ContractsCounsel.
ContractsCounsel is one of the largest online legal marketplaces that enables you to connect with a curated network of vetted lawyers. Since all lawyers have extensive experience in contract drafting and review, they will provide you with a legally sound and clear codicil to will.
Here are the steps to follow when requesting that a lawyer on ContractsCounsel reviews your codicil to will:
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as what changes you’d like to make to the original will or any sections of the codicil to the will you’d like reviewed.
- Receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. Go through the platform’s extensive lawyer data, such as their location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to review your codicil to a will for clarity. They can also draft a new will from scratch if this is the more appropriate option.
