Codicil

A parent has already made up their last will and testament and plans to leave everything to their only child. But the child has become rather undeserving (wild spending, crazy parties, etc...plus, they never call on Mother's Day). So, the parent decides to leave all her money to charity. In cases like this, a codicil will have to be added to the signed will.

A codicil is simply a document that’s added to an existing will to make changes or add new provisions. The word has been used since the 1400s, though today's process very rarely involves an illuminated manuscript. Also, with most wills being a simple Word document, it is just as easy and less confusing if an entire new will is created. But whether you are creating a codicil or a new will, it will have to be signed in front of two adult witnesses.

And here’s a key point: the witnesses have to declare in a signed statement that you are of sound mind and not under any kind of “undue” influence, such as your housekeeper holding your cockatoo hostage in order to force you to leave them all your money. That way Junior can’t bring the matter to court and claim you were insane or suffering from dementia when you created the codicil.

Codicils can actually cause more confusion than just creating a new will. It might conflict with something stated in the original will or is supposed to replace a certain part. But unless it’s spelled out clearly, the reader may have to guess as to which part it is replacing. And the creator of the codicil will not be around to explain what they meant. And people never think to ask the cockatoo.