codicil


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Codicil

A document that is executed by a person who had previously made his or her will, to modify, delete, qualify, or revoke provisions contained in it.

A codicil effectuates a change in an existing will without requiring that the will be reexecuted. The maker of the codicil identifies the will that is to be changed by the date of its execution. The codicil should state that the will is affirmed except for the changes contained therein. The same formalities that are necessary for the valid execution of a will must be observed when a codicil is executed. Failure to do so renders the codicil void.

codicil

n. a written amendment to a person's will, which must be dated, signed and witnessed just as a will would be, and must make some reference to the will it amends. A codicil can add to, subtract from or modify the terms of the original will. When the person dies, both the original will and the codicil are submitted for approval by the court (probate) and form the basis for administration of the estate and distribution of the belongings of the writer. (See: probate, will)

codicil

noun accessory, accompaniment, additament, addition, addition to a will, additive, additum, adjunct, affixation, affixture, annex, annexation, appanage, appendage, appendix, attachment, augmentation, complement, epilogue, insertion, postscript, sequel, subscript, suffix, supplement, supplement to a will, testament, will addendum, will supplement
Associated concepts: will
See also: addendum, appendix, supplement

codicil

a document executed in testamentary form that acts as an amendment and supplement to a will.

CODICIL, devises. An addition or supplement to a will; it must be executed with the same solemnities. A codicil is a part of the will, the two instruments making but one will. 4 Bro. C. C. 55; 2 Ves. sen. 242 4 Ves. 610; 2 Ridgw. Irish P. C. 11, 43.
     2. There may be several codicils to one will, and the whole will be taken as one: the codicil does not, consequently, revoke the will further than it is in opposition to some of its particular dispositions, unless there be express words of revocation. 8 Cowen, Rep. 56.,
     3. Formerly, the difference between a will and a codicil consisted in this, that in the former an executor was named, while in the latter none was appointed. Swinb. part 1, s. 5, pl. 2; Godolph. Leg. part 1, c. 6, s. 2. This is the distinction of the civil law, and adopted by the canon law. Vide Williams on Wills, ch. 2; Rob. on Wills, 154, n. 388, 476; Lovelass on Wills, 185, 289 4 Kent, Com. 516; 1 Ves. jr. 407, 497; 3 Ves. jr. 110; 4 Ves. jr. 610; 1 Supp. to Ves. jr. 116, 140.
     4. Codicils were chiefly intended to mitigate the strictness of the ancient Roman law, which required that a will should be attested by seven Roman citizens, omni exceptione majores. A legacy could be bequeathed, but the heir could not be appointed by codicil, though he might be made heir indirectly by way of fidei commissum.
     5. Codicils owe their origin to the following circumstances. Lucius Lentulus, dying in Africa, left. codicils, confirmed by anticipation in a will of former date, and in those codicils requested the emperor Augustus, by way of fidei commissum, or trust, to do something therein expressed. The emperor carried this will into effect, and the daughter of Lentulus paid legacies which she would not otherwise have been legally bound to pay. Other persons made similar fidei-commissa, and then the emperor, by the advice of learned men whom he consulted, sanctioned the making of codicils, and thus they became clothed with legal authority. Just. 2, 25; Bowy. Com. 155, 156.
     6. The form of devising by codicil is abolished in Louisiana; Code, 1563; and whether the disposition of the property be made by testament, under this title, or under that of institution of heir, of legacy, codicil, donation mortis causa, or under any other name indicating the last will, provided it be clothed with the forms required for the validity of a testament, it is, as far as form is concerned, to be considered a testament. Ib. Vide 1 Brown's Civil Law, 292; Domat, Lois Civ. liv. 4, t. 1, s. 1; Lecons Element, du Dr. Civ. Rom. tit. 25.

References in periodicals archive ?
2) Challenges were made by members of Betty's family to both the 2001 Will and the 1999 Will, and to two Codicils made in the intervening period.
But the ramifications of Rome's adopting such a codicil to the central doctrine of Christianity should not be allowed to influence the decision.
a new National Child Care strategy be developed between the federal government, the provinces and territories in the event that the provinces balk at the codicil for dedicated funds;
Besides the obvious tragedy of his untimely death, the non-witnessed codicil proved to be extraordinarily problematic for the resolution of Lane's will.
Reverie is the second codicil and the fifth project.
85] Among his famigliari accompanying the pallium from Rome, as the cardinal had requested in a codicil to his will, were Nicola Saraceni and the canon of Rouen, Robert Fortin.
It could still be added to a codicil to be developed once the convention comes into force.
As a useful codicil to the foregoing chapters, Wiebe deftly traces the history of the American Academy of Religion and analyzes several presidential addresses from 1953 to 1993.
A person leaving only a codicil implicitly acknowledges intestate succession for all belongings that are not left to legatees.
It's important to review your will annually, both to check for mistakes that may have been made in any codicil, or change, and to make sure that it remains up to date in terms of beneficiaries listed and other matters that express your final wishes.
Ponder those last four words: the Clinton codicil to every ethical standard, including each of the Ten Commandments.
But Kuralt's letter to Shannon did not qualify under Montana law as a valid codicil to his will, the judge said in a written opinion.