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 West Virginia, a codicil is a legal instrument that is used to make changes to an existing will. It can add to, modify, amend, or revoke provisions of the will without the need to draft a new will entirely. However, for a codicil to be valid, it must comply with the same legal requirements that apply to the creation of a will in West Virginia. This means that the person making the codicil (the testator) must have the legal capacity to do so, the codicil must be in writing, and it must be signed by the testator in the presence of at least two competent witnesses who also sign the document. If these requirements are not met, the codicil may not be legally enforceable. It's important to note that while a codicil can amend an existing will, it does not replace the original will. Instead, it is read in conjunction with the will and is considered part of the testamentary documents that express the testator's final wishes.