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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 Wisconsin, 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, the codicil must comply with the same legal formalities as the original will to be valid. 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 understand that the document is intended to be a will or a codicil to a will. 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 testamentary documents that express the testator's final wishes. If there are inconsistencies between the will and the codicil, the provisions in the codicil will typically prevail to the extent of the conflict. Given the complexities involved in ensuring that a codicil is properly executed and reflects the testator's intentions, it is often advisable to consult with an attorney when creating or amending estate planning documents.

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Articles

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.

Wisconsin State Code

Wills, trusts, and estates