QUESTION

Does a codicil with changes written on it have to be notarized and have witenesses in TN?

Asked on Oct 18th, 2012 on Wills and Probate - Tennessee
More details to this question:
My dad is deceased and my mother has now passed. I was to get their house but my brother had her make the change 16 days after our dad was buried. She did sign it. She put the date twice. My brother's writing is on it with the date the third time.
Report Abuse

1 ANSWER

Dear Tennessee, As a disclaimer, I practice in Illinois; however, the rules for wills are somewhat universal.    In IL the law regarding the effects of alterations (changes) to wills in summary states that any addition to a will or an alteration, substitution, interlineation or deletion of any part of a will which isn't a revocation of the ENTIRE will is of NO EFFECT, UNLESS it was made by the testator (your mom herein) or by some person in the testator's presence AND by her (your mom herein) direction and consent and unless the will is THEREAFTER SIGNED AND ATTESTED IN THE SAME MANNER REQUIRED TO EXECUTE A WILL.  So UNLESS the changes your mom made were a COMPLETE revocation  of the ENTIRE codicil they are ineffective.  Any partial changes really should have been made as an additional (or new) codicil executed with the same formalities required..witnesses and notarization.    With that said, I advise you to consult with a local attorney to verify that the above is consistent with the laws of Tennessee.  Best wishes to you.
Answered on Oct 19th, 2012 at 1:02 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters