Legal Question in Wills and Trusts in Alabama

Addendum to will

Hello, if my mother hand writes an addendum to her will,has it witnessed and gives a copy to each of her children,is it legal and binding? Thank you in advance for your help.


Asked on 4/27/03, 4:09 am

1 Answer from Attorneys

Marcel Carroll Marcel Carroll JD, PC

Re: Addendum to will

The addendum(codicil)should be executed with all the formalities of the original will. For example, if the original will bears a notary public's witness, so should the codicil. A codicil must at a minimum bear the signatures of two witnesses, who also acknowledge that they knew the testator, etc., as they affirmed in the original will. It would be a mistake to allow the witnesses to simply sign their names. PS: It is acceptable to use entirely new witnesses and notary for the codicil.

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Answered on 4/27/03, 10:05 am


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