Sometimes people decide to add to their wills rather than revoke or rewrite them. In Louisiana, wills may be changed with legally executed codicils. Problems with codicils

Creating a Codicil

A codicil amends or adds to an existing will. Both the original will and the codicil must be considered to determine how a person’s property should be distributed.

Often, people create codicils rather than revoking and rewriting wills if they want to keep most of the will the same but:

  • Provide for children born or adopted after the original will was created
  • Change the executor of the will
  • Revoke or add specific bequests in the will
  • Change the remainder beneficiary in your will

Codicils must be created and executed according to the same laws that govern the creation and execution of wills.

Resolving Codicil Complications

Sometimes, codicils create confusion. For example, the probate or succession of your loved one’s estate may become complicated if:

  • The codicil conflicts with a provision of the will. If the codicil change creates a conflict with a part of the will that wasn’t directly revoked or changed by the codicil, the court and potential heirs may have different views about who gets what during succession.
  • The codicil’s validity is disputed. A codicil must be executed according to Louisiana law. For example, notarial wills must be written, signed, dated, and witnessed, and olographic wills must be handwritten. Additionally, the testator, or person creating the codicil, must be of sound mind and act without undue influence of others.

When a codicil is disputed, succession may become complicated. Our Louisiana probate lawyers represent hundreds of families throughout the state every year. We know the potential pitfalls in succession cases, and we know how to help families resolve complex successions as efficiently and cost-effectively as possible.

For more information about how our succession attorneys may help your family resolve succession issues according to your loved one’s wishes and Louisiana law, please contact us today. We can be reached by phone or through our online contact form at any time.


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