Codicil


An amendment to a will.

“A codicil is an addition or supplement to a will, and is no revocation thereof, except in the precise degree in which it is inconsistent therewith, unless there be words of revocation.” In re Dubois’ Estate94 Cal. App. 2d 838, 840 (1949)

“By definition a codicil is a supplement to, an addition to or qualification of, an existing will, made by the testator to alter, enlarge, or restrict the provisions of the will, to explain or republish it, or to revoke it, and it must be testamentary in character . . . The general principle of law is that a codicil validly executed operates as a republication of the will no matter what defects may have existed in the execution of the earlier document, that the instruments are incorporated as one, and that a proper execution of the codicil extends also to the will.”  Johnson v. Johnson, 279 P.2d 928, 930-31 (Ok. 1954).

“[T]he codicil and will together function as a single testamentary instrument. In determining whether the revocation of the will revokes the codicil, the general rule in these jurisdictions is: ‘Where a codicil is of such a character that it may stand independently of the will, the revocation of the will does not affect the codicil. If, however, a codicil is not so complete a testamentary instrument as to stand alone, the revocation of the will to which it is appurtenant automatically revokes it.'”  In re Estate of King, 817 A.2d 297, 301 (N.H. 2003.)

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