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Cancelling or amending a codicil



 
 
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  #1  
Old October 14th 08, 10:25 AM posted to uk.legal.moderated
Stephen Mawson
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Posts: 24
Default Cancelling or amending a codicil

Codicils to wills are numbered ("This is the third codicil to my Will
dated....") so that when the will goes to probate a codicil is not omitted
deliberately or by mistake. If there is a requirement to amend the effect of
the last (only) of several codicils, should that last codicil; (a) simply be
destroyed and replaced with a new codicil of the same number; or (b) be
destroyed and replaced with a new codicil of the same number which refers
specifically to the old codicil which it is replacing; or (c) be retained as
a codicil but its effect amended with a further numbered codicil; or (d)
some other procedure? Of course, one could start again with a new Will but
since in this case the required changes are relatively minor that seems a
bit OTT.

Many thanks,

Stephen



  #2  
Old October 14th 08, 12:05 PM posted to uk.legal.moderated
Martin Bonner
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Posts: 419
Default Cancelling or amending a codicil

On Oct 14, 10:25 am, "Stephen Mawson"
wrote:
Codicils to wills are numbered ("This is the third codicil to my Will
dated....") so that when the will goes to probate a codicil is not omitted
deliberately or by mistake. If there is a requirement to amend the effect of
the last (only) of several codicils, should that last codicil; (a) simply be
destroyed and replaced with a new codicil of the same number; or (b) be
destroyed and replaced with a new codicil of the same number which refers
specifically to the old codicil which it is replacing; or (c) be retained as
a codicil but its effect amended with a further numbered codicil; or (d)
some other procedure?


Of course, one could start again with a new Will but
since in this case the required changes are relatively minor that seems a
bit OTT.


Why would it be OTT? A competent copy typist can put a 10 page
document into a word processor in about an hour (and 10 pages would be
long for a will). Adding in the effects of the previous codicils
wouldn't take much longer, and then it is absolutely clear what the
will says (without having to check back and forth between several
pieces of paper). (You can then keep the word processed file, and
modify it when the next change is required.)

If you /really/ don't want to do it properly, I would go for option c)
- another numbered codicil which modifies the effect of an earlier one.

 




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