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Wills, trusts, and estates

codicil

A codicil is a supplement to a previous will that adds to, modifies, amends, or revokes one or more provisions of the earlier will. Laws regarding codicils vary from state to state and in some states a codicil may not replace an earlier will—but in some states it may.

In South Carolina, a codicil is recognized as a legal instrument that can be used to make changes to an existing will. It must be executed with the same formalities as a will, which means it needs to be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are present at the same time and observe the testator signing the codicil. The codicil can add to, modify, amend, or revoke provisions of the will. However, it is important to note that a codicil does not replace the entire will; it only changes the specific provisions mentioned in the codicil. If a person wishes to make extensive changes, it may be more appropriate to create a new will. It's also worth noting that the existence of a codicil can sometimes complicate the probate process, so it's often recommended to consult with an attorney when considering making changes to an estate plan.

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Articles

Understanding Codicils: An Essential Guide to Amending Your Will

In the world of wills and estate planning, there's a savvy solution to avoid this hassle, and it's called a codicil. A codicil is like a legal 'P.S.' to your will. It allows you to make specific changes or additions without needing a full rewrite.

South-Carolina State Code

Wills, trusts, and estates