Will Amendments in Sarasota

Codicil or New Will: Choosing the Right Update

A codicil is a legal document that amends, supplements, or partially revokes an existing will without replacing it. It may be appropriate for a targeted revision, such as naming a different personal representative or changing a specific gift. The codicil and original will are then considered together during probate administration.

A replacement will revokes and replaces the prior will in full. The appropriate approach depends on the scope of the revisions and how they interact with the existing document. Several connected changes may be clearer in a new will, while a codicil may address a limited change.

There’s no one-size-fits-all approach to will drafting or amendments. We can prepare a new will or update an existing one after reviewing the current document and the client’s instructions.

Florida Codicil Signing Requirements

Florida Statutes Section 732.502(5) requires a codicil to be executed with the same formalities as a will. It must be in writing and signed at the end by the testator, meaning the person making the will. Another person may sign in the testator’s presence and at the testator’s direction.

The testator must sign or acknowledge the codicil in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and each other. Florida’s execution requirements identify writing, signature, and witnesses, but don’t list notarization as a requirement for executing a codicil.

Why Informal Edits Aren’t Enough

Handwritten notes, crossed-out language, or additions made directly on a signed will don’t substitute for a properly executed codicil or replacement will. These markings can create uncertainty about what the testator intended and which language should govern.

A codicil remains connected to the existing will, so its wording must be considered in that larger context. Careful drafting identifies the provision being changed while leaving the remainder of the will in place.