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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 South Dakota, a codicil is recognized as a legal instrument that can be used to make changes to an existing will. According to South Dakota Codified Laws (SDCL), a codicil must comply with the same formalities as required for the creation of a will. This means that the codicil 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 a 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 specific parts of the will as stated in the codicil. If a person wishes to make extensive changes, it may be more appropriate to create a new will rather than a codicil to avoid confusion and potential legal disputes after the testator's death.

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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.

South-Dakota State Code

Wills, trusts, and estates