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How do codicils work?

On Behalf of | Oct 17, 2024 | Estate Planning |

Creating an estate plan could be challenging, depending on your estate’s size, details and the plan’s inclusions. In truth, each component may have its share of complexities, such as the will. It might be a fundamental part of most estate plans, but it could become challenging to draft or maintain over time. To avoid having to redraft entire wills for minor adjustments, you could choose to make codicils instead.

What are they?

These are documents that can supplement the will, indicating small changes, whether you are removing or adding any minor details. However, a codicil could only be an appropriate option based on the situation and the adjustment to be made.

Additionally, state laws usually govern the use of codicils. In Ohio, provisions could impact how they work regarding the revocation and validity of prior wills. Usually, when someone revokes a will, all previous versions become invalid or unenforceable.

On the other hand, revoking codicil can leave the prior will intact, which means the previous terms amended by the supplementary documents would revert and might take effect. The possible outcomes could vary, but these rules surrounding codicils may have legal implications, mainly if disputes exist and remain unaddressed.

Drafting wills and codicils strategically

Considering what complications may arise from holes in these documents, seeking legal guidance could be vital when creating a will or codicil. If the information and phrasing do not reconcile, the estate plan may become ineffective or unenforceable based on the circumstances. It may seem too much, but taking these measures could help maintain the legal soundness of your arrangement, potentially benefitting the people you leave behind after death.

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