Can I Change My Will?

A person can easily change their will by executing a document called a “codicil.” A codicil is an addition to or qualification of a will. It is a legal document that alters, enlarges, or restrains the provisions of a will. The execution of a codicil often signifies a change in the disposition of the estate, but it can also serve as an explanatory document, clarifying or making plain some provision of the will.

The codicil is interpreted in the light of the general scheme of the will and not in isolation. As far as possible and practicable, the provisions of the will and codicil should be reconciled as one consistent whole, giving effect to every part. However, if the will and codicil are so conflicting or repugnant as to make them irreconcilable, the codicil will prevail, especially if the testator so provides, as it is the last expression. The codicil supersedes the will only to the extent of those provisions of the will that are inconsistent or in conflict with it, and the provisions of the will should not be disturbed further than is necessary to give effect to the codicil.

In some cases, a codicil can make an outright gift or change the terms of a bequest, as seen in the case of Betty's codicil, which provided for a markedly different disposition of both 50 percent shares of her estate. However, it is important to note that the codicil will not be applied so as to effect an alteration, unless such an intention on the part of the testator is clearly and unequivocally expressed in the codicil.

The Bottom Line:

A person can change their will with a document called a codicil. A codicil is a legal instrument that can modify, clarify, or explain the provisions of a will, and its interpretation and application are subject to the testator's intentions and the overall scheme of the will