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Wills, trusts, and estates

codicil

A codicil is a supplement to a previous will that adds to, modifies, amends, or revokes one or more provisions of the earlier will. Laws regarding codicils vary from state to state and in some states a codicil may not replace an earlier will—but in some states it may.

In Massachusetts, a codicil is a legal instrument that is used to make changes to an existing will. It can add to, modify, amend, or revoke provisions of the will without the need to draft a new will entirely. However, for a codicil to be valid, it must be executed with the same formalities as a will, which means it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who must also sign the codicil in the presence of the testator. It's important to note that while a codicil can make specific changes to a will, it does not replace the original will. Instead, it is read in conjunction with the will and is considered part of the overall testamentary documents. If there are any conflicts between the provisions of the will and the codicil, the terms of the codicil will typically prevail, provided it was the last testamentary document executed by the testator.

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Understanding Codicils: An Essential Guide to Amending Your Will

In the world of wills and estate planning, there's a savvy solution to avoid this hassle, and it's called a codicil. A codicil is like a legal 'P.S.' to your will. It allows you to make specific changes or additions without needing a full rewrite.

Massachusetts State Code

Wills, trusts, and estates