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

If you want to make changes to your will, you have 2 options. You can have a new will drafted or you can get a codicil on the will in Florida. If you opt for a codicil, you need to be aware of the pros and cons. You should consult with estate planning attorneys in Fort Myers, Florida, to get a thorough understanding of codicils.

Overview of a Codicil

A codicil is a document used to alter, revoke, delete, add to, or republish a will
, and it's typically given as much care as your original will. It is most commonly used to add to your will, change beneficiaries, or change your personal representative. To properly prepare a codicil, an attorney will need to review your existing will.

Common items included in a codicil are:

  • your name and residence;
  • identification and acknowledgment of your existing will and any existing codicils;
  • acknowledgment of the codicil as first codicil, second codicil, third codicil, etc.;
  • identification of the section of your will that needs to be changed;
  • a description of the modification of your will or any prior codicils;
  • acknowledgment of the revocation of any prior codicils;
  • your signature;
  • proper witnessing; and
  • notary if you have a self-proving will. 

A codicil has the same basic requirements of a will. It must be in writing and witnessed, and you, the testator, must be of sound mind and capable of understanding what you're executing.

It's common for many people who reside outside of Florida to opt for a codicil and have it notarized to republish their will and change their legal residence when they move to Florida.

This way, out-of-state witnesses won't have to be involved in proving the will. However, since the cost of a simple will is about the same as the cost of a codicil, it may be wiser to have a new will drafted. You can always contact estate planning attorneys in Fort Myers, Florida, to answer your questions about getting a codicil on a will in Florida.

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