Codicils in Fairfax
Codicils in Fairfax are essentially amendments to wills that were drafted and executed in the past. For example, a person may want to keep their prior will intact but change one small portion. In that circumstance, a lawyer, instead of drafting an entirely new will, may add a codicil and have the testator sign the codicil. This basically revokes only a portion of the prior will and amends it to reflect the content of the codicil.
If you need help drafting an amendment or modification to your will, reach out to an experienced wills attorney. A dedicated lawyer could guide you through every step of the process, from drafting to signing, and help ensure your end-of-life wishes are followed.
Process of Amending a Will in Fairfax
Chronologically speaking, the first step in the wills process is to draft and execute a last will and testament with guidance from an attorney. In the future, the testator may decide that they want to make a small change to their last will and testament. At that point, they would reach out to an attorney for help drafting a codicil.
The lawyer’s job in creating a qualified codicil is to make sure that it is drafted and executed according to the laws of Virginia. It is important to make sure the codicil does not revoke the prior will but simply amends one portion to reflect the person’s most current wishes.
Codicil Uses and Standards
Usually, codicils involve simple changes, such as a name change. For example, if one of the named beneficiaries in a person’s will gets married and changes their last name, the testator could draft and execute a codicil so that the correct spelling and name of the person was reflected. This process is much simpler than drafting an entirely new will.
The required standard of codicils in Fairfax is that the codicil needs to clearly express what provision of the original will it replaces. The codicil cancels out the original provision and replaces it with what is expressed in the new codicil. Of course, the codicil must be signed by the testator and witnessed appropriately. The testator must also have the required capacity to execute the document.
Difference Between a Codicil and Restatement
A codicil is normally used to change one provision of a person’s last will and testament. Normally, it is a minor change. In contrast, a restatement of a will is essentially an entirely new will. It acknowledges that there was a will made in the past and it is a restatement or, basically, a much bigger revision to the prior will than a codicil would be. A codicil focuses on one or two provisions, whereas the restatement is an entirely new draft of the prior will and, therefore, revokes the prior will.
Ask an Attorney for Help Drafting a Codicil
If you need help drafting a codicil, reach out to a qualified wills attorney today. A lawyer has extensive experience creating codicils in Fairfax, and they could make sure your wishes are expressed and executed according to the standards of Virginia law. Reach out today to schedule a consultation.