QUESTION
Can a codicil to a missing will modify a different will?
Asked on Aug 23rd, 2013 on Estate Planning - Colorado
More details to this question:
My father died recently. The only documents we have are what appear to be a valid will from 2006 and a codicil from 2013. Both are signed and witnessed and appear to be valid. The issues is, the codicil states that it modifies "my will dated Sept 2012". Well we have no will from 2012. Can this codicil be used to modify the will that we DO have from 2006?
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. You would have to find the 2012 will.
Answered on Sep 11th, 2013 at 11:48 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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No, if the codicil specifically states it modifies the 2012 will, then it will cannot be used to modify a 2006 will. There must be a missing will from 2012. If there is an attorney named somewhere on the codicil, it is possible that the same attorney also created the 2012 will. It is worth checking with that attorney first.
Answered on Aug 27th, 2013 at 10:49 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Possibly. More likely it can stand alone to the extent that it makes sense.
Answered on Aug 27th, 2013 at 8:54 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That is difficult to say without reviewing the documents. It is possible, if not likely, that the 2012 Will revoked the earlier Will. If that is the case, then one question would be whether the 2013 codicil could stand on its own.
Answered on Aug 27th, 2013 at 4:04 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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No. You must locate the 2012 will. It should not be hard if you know who the attorney was. Alternatively, make sure you check with the surrogates' court in the event it was filed and will be there.
Answered on Aug 26th, 2013 at 6:54 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Probably not, however go to the attorney who prepared the codicil and will and maybe the documents can be found that relate to each other.
Answered on Aug 26th, 2013 at 6:47 PM
Thomas Edward Gates
You must go with the plain language and, must assume that there is a 2012 will. A codicil only changes a limited element in the will it is referencing. The court will need to decide whether it will accept the codicil without the will. If not and, you cannot find the 2012 will, then the 2006 will likely control.
Answered on Aug 26th, 2013 at 11:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. I would talk with the attorney that created the codicil.
Answered on Aug 26th, 2013 at 11:18 AM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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In Utah, any testamentary document that is signed and most recently dated is going to modify all past wills.
Answered on Aug 26th, 2013 at 11:01 AM
2 Awards
The 2006 will is likely going to be presumed revoked and replaced by the lost 2012 will. If the codicil disposes of all the property, you might be able to probate it and the 2012 will as a lost will and obtain your goal. See An Attorney!
Answered on Aug 26th, 2013 at 10:52 AM
That would be up to the Court to decide. You can file both documents and ask the Court for instructions.
Answered on Aug 26th, 2013 at 10:51 AM