Legal Question in Wills and Trusts in Maryland

Codicil

Are there any legal steps one can take against a lawyer if the lawyer was instructed to add a codicil to a will, which was heard by 5 people, and the person who's will it is dies before the codicil is signed?

Thanks.


Asked on 12/01/03, 7:47 am

1 Answer from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Codicil

If the codicil was not "executed" (signed) by the deceased during his/her lifetime, it is not valid and not enforceable. It is unlikely that a court would give effect to an unexecuted codicil.

Why? The deceased may have had reasons that were not disclosed to anyone -- not even to the lawyer -- why he did not sign it. Courts are reluctant to second-guess the dearly departed.

I hope this is helpful.

Richard S. Stolker

301-294-9500

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Answered on 12/01/03, 9:07 am


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