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When could I use a Codicil?

- If you need to make a simple change to your Last Will;

- If you want to change your executor; or

- If you want to change a guardian;

then you could use a Codicil.


When should I write a new Last Will?

- If you need to make complex changes to your Last Will;

- If you want to add or remove a beneficiary;

- If your Last Will already has one or more codicils attached; or

- If you married or got divorced since you wrote your Last Will;

then you should WRITE A NEW WILL

Your Information

Use your full legal name. (e.g. Samuel William Smith.)



Virginia
The law of the jurisdiction where you are domiciled at the time you wrote your Last Will may be used to interpret your Last Will.


Male


Signing Location


Virginia
Your Codicil must conform to the signing and witnessing (execution) requirements of the jurisdiction where your Codicil is to be signed. An affidavit will be provided that is specific to the signing requirements of the jurisdiction that you select.

The requirements for executing a Codicil can be slightly different in each jurisdiction. The help provided for the questions that follow will be based on the jurisdiction that you select for the Signing Location.


Last Will



Amendments

1
If you need to make more than two changes to your Last Will then you need to write a new Last Will.

Amendment

Add


If the clauses in your Last Will are numbered, then number your new clause so that your Last Will and Codicil will be read in the correct sequence.

Example: (Add a new gift or beneficiary)
12) I bequeath the sum of $25,000 to my nephew John Thomas Lee, of Arlington, Texas, to be used for his sole use and enjoyment.




Codicil Execution Date

Unsure


Two
A witness must understand what they are witnessing and must be competent to testify in court.

In Virginia, no person will be incompetent to testify for or against a Codicil or Will solely by reason of any interest (gift) in the Codicil or Will or the estate of the Testator. BUT, in most states the amount of a gift to a witness may be reduced to what the witness would have received if the Testator had died intestate.
In Virginia, a Codicil or Will must be signed by the Testator and acknowledged by him in the presence of at least two competent witnesses, present at the same time; and those witnesses willl sign the Codicil or Will in the presence of the Testator.

________________________________________________________________

BETTER TO BE SAFE!

Avoid the risk of having your intentions changed or even invalidated.

Select ONLY witnesses who are NOT RECEIVING A GIFT under your Will.

A witness should also not be the spouse of someone receiving a gift under your Will.

________________________________________________________________



Additional Help

1. Who may make a Codicil to Last Will?
In Virginia, no person (i) of unsound mind or (ii) under the age of eighteen years shall be capable of making a Last Will.

2. Who must sign my Codicil to Last Will?
In Virginia, a Codicil or Will must be signed by the Testator and acknowledged by him in the presence of at least two competent witnesses, present at the same time; and those witnesses willl sign the Codicil or Will in the presence of the Testator.

Signing 'in the presence of' another means the other parties actually watch the signing. The Testator and the witnesses should initial the bottom right hand corner of each page of the Codicil or Last Will (except the last page which is signed by everyone). Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.

3. What is a self-proving Will?
Normally a witness will be required to testify in probate court that the Last Will or Codicil was executed properly. Alternatively, this requirement may be satisfied by having each witness swear an oath and sign an affidavit in front of a notary. This removes the requirement of having one of your witnesses go to court to verify proper execution. If available in your state, the required form will be included with your Codicil to Last Will.

Remember:

Read and review your Last Will and all Codicils (including this one) carefully.

If your Last Will appears confusing then a judge may interpret your Last Will in a way that you did not intend. Do not take that risk! Ensure that your intentions are clear and will not be misunderstood.

If you think your Codicil might be misunderstood then WRITE A NEW WILL


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