General Legal · Legal Maxim

Codicil

Quick Answer

What does the legal maxim "Codicil" mean?

A codicil is a legal document that modifies, supplements, or otherwise alters an existing will. It is used to make changes without the necessity of drafting a completely new will.

Source: General Legal · Legal Maxim

Definition

A codicil is a legal document that modifies, supplements, or otherwise alters an existing will. It is used to make changes without the necessity of drafting a completely new will.

Origin

The term 'codicil' is derived from the Latin word 'codicillus', meaning a small book or writing tablet. Historically, codicils have been used since medieval times to address changes in a testator's wishes.

Modern Application

In modern law, codicils are still recognized as valid additions to wills, provided they meet signature and witnessing requirements similar to those governing wills. They can be used for various reasons, such as changing beneficiaries or amending specific provisions without revoking the entire will.

Examples
  • A testator creates a codicil to add a bequest of personal property to a previously executed will.
  • After the birth of a grandchild, a testator executes a codicil to include the grandchild as a beneficiary in their will.
Key Cases
  • In re Estate of McGowan, 2003
Why This Matters

Law students should understand the concept of a codicil as it is a vital component of estate planning and administration, allowing for flexibility in adjusting to changing circumstances after a will has been executed.

Master Legal Principles with Briefly

Explore hundreds of legal maxims, terms, and doctrines with AI-powered study tools.