Wills: codicils

Question 1

Formalities

Answer 1

A codicil is a supplement to a will that alters, amends, or modifies the will rather than replacing it.

Generally, a codicil must be executed with the same formalities as a will—i.e., depending on whether it was attested or holographic.

Question 2

Republication date

Answer 2

A validly executed codicil republishes a will as of the date of the codicil.

Question 3

Curative codicil

Answer 3

A validly executed codicil may validate an invalid will if:

(1) the codicil refers to the will with sufficient certainty to identify and incorporate it; or
(2) if the codicil is on the same paper as the invalid will.

Question 4

Modification by holographic codicil

Answer 4

A valid attested will can be altered, amended, or modified by a holographic codicil, so long as the codicil meets all of the requirements of a holographic will.

Question 5

Incorporation by reference

Answer 5

A will may incorporate by reference another writing provided that the other writing

(1) existed at the time the will was executed;
(2) is intended to be incorporated; and
(3) is described in the will with sufficient certainty so as to permit its identification.