Part 7 of a series breaking down the process of helping clients set up their Wills by breaking the issues down into smaller, individual topics, enabling the adviser and client to take the necessary steps, and get the plan moving.

To make simple changes to a Will, a codicil is used. A codicil is simply an amendment of a Will and it does have certain requirements in order to be valid.

For example, if the change needed is to remove one person who was proposed as executor and replace him/her with another, a simple codicil is all that is needed as long as the change is done correctly. A codicil has to be executed with the same formalities as a Will, meaning it has to be signed in the presence of witnesses who sign to that effect. In some states, the execution of this sort of document has to be notarized.

If extensive changes are needed, such as a completely new plan for who is to get what, it may be better to execute an entirely new Will. 

While there is nothing wrong with making changes, whether substantial or minimal, in a series of codicils, it often becomes more confusing for the client (and, later on, the executor) to keep track of what is the most recent document, what differs from one document to the next, where all the documents are located, and so forth. A new, unifying Will can clarify the plan, keep it all in one document, and minimize the risk of future confusion and disputes.

You can view the entire series of Wills and Probate Administration here and reach out to Dan McGuire with any questions.

Our next series will cover Durable Powers of Attorney.

Our attorneys are always ready, willing and able to meet and discuss all of those questions, help you articulate your plan and goals, determine the best plan to accomplish them, and then implement it. You will find that, by taking those small bites, the problem that used to lead to procrastination and uncertainty has been addressed and resolved. Learn more about Mansour Gavin’s Estate Planning & Probate group or contact us today.