The Essentials of Using a Codicil for Will Amendment in Maryland

Published on
April 19, 2024
Written by
Angel Murphy, Esq
Category
Estate Planning
Basic Definition of a Codicil

A will is a legal instrument designed to transfer a person’s assets to prearranged beneficiaries following death. In legal terminology, the will creator is the “testator,” while the executor is the person designated to carry out the directives of the will following the death of the testator. After a will has been drafted and executed, testators frequently wish to make changes. A “codicil” is the legal term for a change made to a preexisting will.

Basic Requirements for Codicils in Maryland

The State of Maryland has formal requirements for a codicil to be implemented, just as it has requirements for the initial creation of a valid will. The requirements for a valid codicil are as follows: (1) the codicil must be in writing, (2) the testator must have the requisite “capacity” to execute the codicil, which means that the testator must be of sound mind, be sober, and so forth. (3) the testator must sign the codicil, and this signature must be verified by two witnesses, (4) the two witnesses must be over the age of 18, and neither witness may appear in the will itself in any form (i.e. either as executor or beneficiary). Although Maryland does not require codicils to be notarized, we recommend having codicils notarized because there is always the possibility that a testator may decide to move to a new jurisdiction (in which notarization is required) prior to death.

Reasons to Create a Codicil vs. Create a New Will

Typically, when a codicil is implemented, only as ingle change is made to the preexisting will. But, in some cases, extensive changes are needed, or an additional codicil is needed after an initial codicil has already been executed. When you decide to create a codicil, you need to consider whether it may simply be more efficient and more logical to create an entirely new will instead of implementing the changes in the codicil. Here are a few points to take into account when you make this decision:

(1)  As a general matter, when only a single change is needed, implementing a codicil may be the better option.

(2)  When extensive changes are needed – i.e. 3 or more – investing in a new will may be advisable, because a new will ensures that confusion is avoided

(3)  When an additional codicil is needed after an initial codicil has already been executed, a new will may be advisable, particularly if extensive changes are needed

(4)  In the end, the primary goal is always to ensure that the testator’s assets are distributed properly, in full accordance with the testator’s wishes; whenever a codicil will compromise this goal, a new will maybe the better option.

Connect with the Murphy Law Firm for More Information

If you want to learn more about wills, or another estate planning topic, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-493-9116.

Angel Murphy

Personable. Passionate. Persistent.

#Maryland #Codicil #Testator #Executor #LegalRequirements #AssetDistribution #EstatePlanning #LegalCapacity #WitnessVerification #WillsAndEstates, #LegalAmendment #WillModification #LegalInstrument #EstateManagement #ProbateProcess #LegalDocument #LegacyPlanning #EstateLaw #LegalProcedure #LegalAdvice

Subscribe to our newsletter

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Articles & Resources