Legal Question in Wills and Trusts in Illinois
Codicils
What if someone makes up will ''A'', then makes up will ''B'', forgets about will B and makes a codicil to will ''A''. Which will is valid - is the codicil valid?
Asked on 9/29/06, 11:39 am
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Codicils
You would have to look very closely at the terms of each document. It is very likely that "Will B", by its terms, expressly revoked all prior wills and codicils. If that is the case, then unless Will B was later itself revoked, Will A has been validly revoked and its terms would not control. Then you'd need to look at the codicil to determine if and how it can be reconciled with Will B.
One way or the other, if this actually happened, it's likely to end up in front of a probate judge in a will construction petition.
Answered on 9/29/06, 11:47 am