Creating a will has the potential to be a complex and emotionally draining experience. It is often necessary to examine every portion of your life and finances in order to ensure that the executor of your estate takes the steps you desire upon your passing.
Many wills can often be dozens of pages long and address important matters such as the distribution of property, the payment of debts, and the inheritance of businesses or homes. A change in your life may motivate you to make changes to a will so that it more accurately reflects your wishes, and the best way to do this may be by creating a codicil.
Codicils in Lombard are simply amendments to an existing will. These changes alter portions of a will that is already in existence or serve as entirely new clauses that are added to a prior will. An experienced wills attorney could help you determine if a codicil is right for you.
A will is intended to provide direction for an executor of an estate after the testator’s passing. This might include the distribution of property and real assets, or even who is chosen to control a business after the passing of the testator.
A codicil is no different, as it simply amends an existing will. In fact, the document that serves as the codicil should clearly state that it is a codicil and not a new will. This is because an ambiguous codicil may allow a court to interpret the new amendment as a revocation of a prior will and leave room for other parties to contest the will as a whole.
Additionally, a codicil may modify an existing clause in a will, reference a clause in a prior will, or add new language to the will. A knowledgeable lawyer could help you further understand the purpose and function of codicils in Lombard.
A codicil may only exist if there is a prior will. If this is the case, a person may make a codicil at any time and with any intent. However, one key limitation is that a probate court could assume that a codicil is void if its date is after the testator is adjudicated by the court to be, although an attorney could help to challenge this assumption.
In addition to the need for a will to exist prior to a codicil, a codicil must follow the same rules as the principle will. According to 755 Illinois Compiled Statutes 5/4-3, any will or codicil must be in writing and signed by the testator or a third party under the direction of a testator with the attendance of two or more valid witnesses. A skilled legal representative could help you create and execute Lombard codicils in a manner that gives you full credence in probate court.
Creating a will can often be a lengthy and costly process. Most wills must address every portion of a person’s estate that needs attention and could be dozens of pages long. In instances of minor changes of circumstance or the addition of a new annotation, a codicil may be the best option.
A codicil allows you to make changes to a will without entirely destroying it, which may be the best course of action in case of the desired change to property rights or if you wish to add an amendment. An attorney could help you better understand codicils in Lombard and guide you through the amendment process in an efficient and legally binding way.