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What You Should Know about a Codicil on a Will in Florida (Part B)

A major problem with a codicil on a will in Florida and elsewhere is that laws continually change. The Florida Legislature and Congress can easily change tax laws and laws regarding real property and probate. Because of this, estate planning attorneys in Fort Myers, Florida, and throughout the country have to continually update wills and other documents to conform to new laws.

As Laws Change, Wills Must Change

If you opt for a codicil to a will in Florida to exclude a child or add a grandchild, for example, it's possible that laws that have been revised since your last will was drafted won't be incorporated.

In the past, a codicil may have been efficient to reflect changes in a will, but today that's not the case. Depending on the time your will was drafted multiple changes may need to be made. If the attorney who drafted your original will is also doing the codicil, he or she would know where to make any changes.

However, if you're seeking a new estate planning attorney, it will take considerable time to review your will and check it against new laws. It would take less time to draft a new will with updated language to ensure it conforms to any revised laws.

Another issue with codicils is the signing of the will. If your attorney didn't preside over the execution of your original will, he or she won't know whether it was validly executed with proper witnesses. If your will is invalid, the codicil could be invalid. One again, a new will would be wiser.

Ultimately, it's your choice whether to get a codicil or a new will. After you discuss your situation with estate planning attorneys in Fort Myers, Florida, you'll have the input to make the best decision for yourself and your family.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your codicil concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

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