In a Sale
What This Means When the House Is Being Sold
The practical risk is a codicil nobody found. A will names one child as executor, the family proceeds on that basis, and a codicil signed two years later named someone else. Where property has already been listed, the appointment can be challenged and the sale with it. Anything that looks like an amendment, including a page in different handwriting, belongs with the attorney reviewing the will rather than in a drawer.
Compare
Not to Be Confused With
- This TermCodicil
- Often Mistaken ForWill
- Often Mistaken ForTrust Amendment
What Tells Them Apart
A codicil amends a will. A trust amendment amends a trust. They are the same idea applied to different documents, and the paperwork behaves differently: a codicil is generally read alongside the will in a court proceeding, while a trust amendment is usually reviewed by a title company as part of establishing who is currently trustee.
Questions
Questions People Ask
Does a codicil replace the original will?
No. A codicil changes part of a will and the two are read together, along with any other codicils. A document replacing a will entirely is a new will rather than a codicil. Which one exists in a particular estate is a question for the attorney reviewing the documents.