Like many people, you may need to amend your last will and testament multiple times as your assets, wishes, and personal circumstances change. As long as you are mentally competent, you may change, update, or completely revoke your will at any time.
Testators who want to make significant changes can revoke their existing will and replace it with a new document, but for those who only need to make minor changes, a codicil may be a better option.
What Is a Codicil?
A codicil is a supplementary legal document that qualifies, modifies, or revokes elements of an existing will. If the majority of your will is still up-to-date, writing a codicil allows you to change only what is necessary rather than starting over completely.
When Should I Create a Codicil?
Among the minor changes that may be better suited to a codicil are:
- Adding or removing beneficiaries
- Adding or removing pieces of property
- Changing the executor
- Altering provisions for children who are no longer minors
- Clarifying the meaning of a provision in the will
In Georgia, the requirements for executing a codicil are the same as those for executing a will. Two competent witnesses are required to witness your execution.
You should keep your codicil with your will together as both documents will have to be filed for probate.
Keep your will up to date and inform your family about your wishes to avoid potential disputes among your heirs and beneficiaries after you are gone. If you are involved in a will, estate, or trust dispute, contact us at 404.892.9797.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes, representing individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, businesses, investments, and securities.
