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


Enter the name and personal information of the person the Codicil is for.
Use your full legal name. (e.g. Samuel William Smith.)

Signing Location


The signing location is where the Codicil will be executed (signed).
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.

You must select a state to continue.

Last Will


To avoid confusion you need to identify which Last Will this Codicil is intended to amend.

Amendments

Amendment


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

In Michigan, a Codicil or Will must be signed by at least two (2) individuals, each of whom signed within a reasonable time after he or she witnessed the signing of the Codicil or Will by the Testator or after he or she witnessed the Testator's acknowledgment of that signature.

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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.

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Additional Help

1. Who may make a Codicil to Last Will?
In Michigan, an individual 18 years of age or older who is of sound mind may make a Last Will.

2. Who must sign my Codicil to Last Will?
In Michigan, a Codicil or Will must be signed by at least two (2) individuals, each of whom signed within a reasonable time after he or she witnessed the signing of the Codicil or Will by the Testator or after he or she witnessed the Testator's acknowledgment of that signature.

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!