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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 Montana, a codicil is recognized as a legal instrument that can be used to make changes to an existing will. According to Montana law, specifically under the Montana Code Annotated (MCA), a codicil must comply with the same formalities as the original will. This means it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are present at the same time and who understand that the document is a codicil to the will. A codicil can add to, subtract from, modify, or revoke provisions of the will. However, it is important to note that a codicil does not replace the entire will; it only changes the specific provisions mentioned in the codicil. If a testator wishes to make extensive changes, it may be more appropriate to create a new will. An attorney can provide guidance on whether a codicil or a new will is more suitable for a testator's specific circumstances.

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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.

Montana State Code

Wills, trusts, and estates