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Q: What if you have the original will but only have a copy of the codicil in the lawyer's office in the state of CA?
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What does it take to draw up addendum to a will?

An addendum to a will is called a codicil. A codicil is drafted in exactly the same form as a will with the same number of witnesses, a self proving affidavit, etc. In the codicil you state exactly the portions of the will that you want to be stricken (if you want certain provisions to be removed) and then you set forth the new provisions. It is then attached to the will. You should consult with an attorney who specializes in probate who can draft a codicil that conforms to your state laws.


How do you make an addendum to a will?

The best idea is to do it the same way the original will was done. If a lawyer drafted the will, have him handle any addendums. Probably the best idea is to do an entirely new will, to avoid any possibility of confusion. Its possible to make a holographic addendum to even a will drafted by a lawyer, but the same requirements would apply to a holographic addendum as would apply to a holographic will - it must be in the handwriting of the testator, written in cursive script and not printed, signed by the testator, and found among his important papers after his death.


Where do you get a form to replace the executor of a will before death?

A testator can make changes to their will by using a codicil. A codicil is written in the same form as a will and should clearly explain its purpose: which provision in the will is being stricken or what provision is being added. The codicil must clearly state the added provision if there is one. In the case of changing the named executor the codicil must state the section appointing (name) as executor is hereby stricken and is replaced with the appointment of (new name) as executor. Wills and codicils should be drafted by professionals to make certain they conform to state laws. If legal documents do no conform to state law they may be deemed invalid.


I want to change my executors in my will what can I do to make changes to the will?

If you wish to make a minor change to your will but leave the rest intact you can execute a codicil. A codicil is drafted in the same form as a will. You would state clearly the section you want to revoke and then state clearly its replacement.


How do you change the named personal representative in a Will to the named alternate?

You can execute a Codicil to the Will. A codicil should be drafted in the same form as a Will: witnessed and notarized according to the laws in your jurisdiction. The Codicil should be permanently attached to the Will and should very specifically state which parts are being stricken and what is being added in its place.


Can heirs be removed from a trust by a codicil?

No, heirs cannot be removed from a trust by a codicil. A codicil is a legal document used to make changes to a will, not a trust. To remove heirs from a trust, an amendment to the trust document itself would be required, typically done through a formal trust agreement or legal process.


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