In Connecticut, when a person has created a will, they might think they have done everything they need to do to and their property will go where they want it to go. However, life changes are inevitable and updates might be needed.
A question people often have is whether they need to write an entirely new will or if a codicil is sufficient. It depends on the circumstances. Regardless, it is important to understand the law when making the decision and changing the document so it stands up to scrutiny.
When is a codicil preferable to a new will?
After a will has been written and executed, the testator’s life might not remain the same as it was when it was written. For example, they might have a child or grandchild and want to provide for them as part of the will. This could only necessitate a minor change. Perhaps they have left money or property to their children or grandchildren and simply want to give the new addition a percentage as well. With that, a codicil can be added.
It can also be used to remove people from the will or to make minor changes based on selling property or gaining property. People might have named an executor to the will and that person is either no longer suitable or they cannot serve in the role. The codicil can change the executor without redoing the entire document.
Still, there are situations when an entirely new will might be preferable. If a person got divorce or remarried, then the codicil will not adequately deal with more complex circumstances and it is better to revoke the will and write a new one.
The codicil is executed in the same way as the will would be. It needs to be in written form, signed with two witnesses present. They will sign the document while the testator is there. When updating or rewriting a will, it is imperative to know the law and to ensure it is valid to limit the possibility of a dispute.
Any estate planning document must be completed legally
Whether it is a will, a codicil, the revocation of a will, a trust or any other estate planning decision, it is essential to have professional guidance to make sure the right steps are taken and it is done according to state law. This can avoid challenges and disagreements when the person’s property is distributed. The entire point of the estate plan is so the testator’s desires are achieved. Having legal advice can help ensure this comes to pass.