Legal Question in Wills and Trusts in Illinois

Codicils

When one wants to make a change in an existing will such as changing beneficiary,can the change just be initialed and witnessed and be legal?


Asked on 4/05/02, 11:31 am

3 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Codicils

No. You must prepare a new document, either a codicil or an entirely new will, which must be signed and witnessed in the same manner as the preparation of any proper will. You should hire an attorney to handle this for you

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Answered on 4/05/02, 11:34 am
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Codicils

That will almost certainly not suffice. You should have a separate codicil prepared, signed and witnessed that details the changes you want to make. In the alternative, an entirely new will may be prepared. Feel free to give me a call at (847) 991-2250 to discuss.

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Answered on 4/05/02, 12:32 pm
Jay Goldenberg Jay S. Goldenberg

Re: Codicils

from your description, I think you're contemplating writing on the document to make your changes.

A will must be signed & witnessed, testifying that you were of sound mind, etc. When you make pen and ink changes you are in effect making a new will. It therefore needs new signature, statements & witnessing.

Theoretically it might be capable of being done. The odds are that it wouldn't be.

A will should be amended by either a complete new will restating the terms, or by a codicil which is the fancy term for an amendment (I change paragraph 4 to say Mary Jones instead of Harry Smith) signed & witnessed with the full formality of a will.

If I can be of any help, contact me at 312-346-7899

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Answered on 4/05/02, 12:56 pm


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