A codicil is a testamentary document that amends, revises or in any other way modifies a Will. When drafting a codicil, the attorney needs to have as much care and consideration as when drafting a Will; and the attorney and parties involved need to follow the same formal procedures as when drafting and executing the original Will. The attorney needs to review the existing Will in order to properly draft the codicil.
Although drafting a codicil may seem simple and cost effective (and it may certainly be!), there are times in which drafting a new Will may be more beneficial. Circumstances that the client and attorney need to take into consideration when determining whether drafting a codicil or new Will is appropriate include:
1) When was the original Will drafted? Estate planning and other laws change with time, and the original Will may be outdated.
2) Are there other codicils? If the original Will has already been amended by one or more codicils, then it may be more organized, less confusing and proper practice to attempt to avoid issues in the future to draft a Will rather than another codicil.
3) Where was the Will drafted and executed? If the Will was drafted and executed in a state other than Florida and you are now making Florida your state of legal residence, drafting a new Will may be more beneficial and cost effective.
4) Was the original Will properly and validly executed? While you may believe that the original Will was validly executed, issues may arise with the original Will that might make the original Will and, potentially, codicils invalid. Thus, drafting and executing a new Will may be the safest alternative.
The existence of computers may make drafting a new Will more cost-effective than drafting a new codicil; especially when taking into consideration the issues or circumstances presented above.
If you are considering revising your Will, drafting a codicil or Will, or have any estate planning questions, do not hesitate to contact Apfelbaum Law for a free consultation. We service Port St. Lucie, Fort Pierce (St. Lucie County), Jensen Beach and Stuart (Martin County), and surrounding areas.
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