Codicil

A codicil is a legal document that modifies, adds to, or revokes provisions in an existing will. It allows the testator (the person who made the will) to make changes without drafting an entirely new will, thereby preserving the original will’s provisions that remain unchanged.

A codicil must meet the same legal requirements as a will, which typically includes being in writing, signed by the testator, and witnessed by at least two individuals. In Texas, the procedures for creating a codicil must adhere to the state’s statutory requirements for wills. This means that if a codicil is not correctly executed, it may be deemed invalid, potentially leading to confusion regarding the testator’s final wishes.

For example, if a testator decides to change the executor of their estate, they could create a codicil that explicitly names a new executor while leaving other provisions of the will intact. A codicil may also be used to add or remove beneficiaries or adjust the distribution of assets.

It’s important for individuals considering a codicil to ensure that it is clearly written and properly executed to prevent any disputes or challenges during the probate process. In Texas, it is advisable to consult with an attorney when drafting a codicil to ensure compliance with state laws and to maintain the integrity of the estate plan.