codicil

(redirected from Codicils)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia.
Related to Codicils: testator, Per stirpes

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 ?
A lack of knowledge and approval on the part of the testator of the contents of the 2000 Codicil and 2001 Will (if contrary to earlier finding, the testator possessed testamentary capacity); and
Beneimbene recorded d'Estouteville's plans for burial in that church in will 3 and in the codicil, and he made out will 1 for Santa Maria Maggiore in which there is no mention of a tomb at all.
The first codicil reflected d'Estouteville's concerns for the distribution of his property, including vestments ("omnia sua paramenta que in domo ipsius") and pallium.
The second codicil was made out for his bishopric of St-Jean-de-Maurienne in Savoy, held in commendam, and for Francesco de' Massimi and Ludovico de' Mattei, both of whom were entrusted with significant responsibilities in connection with the legacies for the cardinal's family.
In the fourth codicil, d'Estouteville made further arrangements for the guardianship of his children.
Codicils and reciprocal declarations were wills that served specific purposes, oral wills were made quickly; these wills do not use the full repertoire of rich rhetoric and various contents that is typical for a solemn baroque will, but concentrate on the core issues.
A will or codicil, or any part of either, is revoked:
2) By a subsequent written will, codicil, or other writing declaring the revocation, if the same formalities required for the execution of wills are observed in the execution of the will, codicil, or other writing.
506, which provides that "[a] will or codicil is revoked by the testator, or some other person in his presence and at his direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation.
A simple codicil is usually all that is required to achieve this, and the results are of lasting significance.
Tasha Dickinson and John Moran, co-chairs of the Probate Rules Committee, told the court that the committee believed that wills and codicils still needed to be provided in paper form, because there can be challenges to the authenticity and signatures of those documents.