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| Tags: amending, cancelling, codicil |
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#1
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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 |
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#2
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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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