Legal Question in Wills and Trusts in Georgia

codicil of a will

would it be legal for us to do a codicil to our will, our son died and we want to name our grandson to inherit our estate without going through expense of another will.

Asked on 4/06/07, 9:36 pm

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: codicil of a will

My condolences on your loss.

It is an EXTREMELY bad idea to ever use a codicil. When you use a codicil, you complicate probate and increase costs as two documents must be reconciled and probated.

You don't save any money on drafting either. Since a codicil requires all the formality of a will, and must be carefully custom written, the fee would be the same as for a will (if we'd do one, which we will not).

Our normal fee for a husband and wife simple will (one for each) is $250, and that includes a free living will for each party. (Complex wills and large estates are higher). If you're anywhere in Georgia and wish my assistance, please contact me for details.

Read more
Answered on 4/06/07, 10:07 pm
Robert Thompson J. Robert Thompson Attorney

Re: codicil of a will

If that is the only change, there is not much difference in the cost of a codicil and a new will (assuming the attorney who drew the original will still has it on his computer), and this gives one less document for your representative to find. A codicil is a document every bit as important as a will, and requires the same formality of signing (two witnesses, and preferably a notary to notarize an affidavit as to proper execution)

You might also find that your original will provides for this situation, unless your son had more than one child, and you want only this grandson to inherit.

The attorney who drew the will should be willing to review the will, to see if there is a need for a formal change, and you should get advice from an attorney on this point.

Read more
Answered on 4/07/07, 12:47 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: codicil of a will

Of course it's legal!! It's also legal for you to do your own root canal. The question is: are you qualified to do either?

Read more
Answered on 4/07/07, 2:46 pm
Joel Callins The Callins Law Firm, LLC

Re: codicil of a will

There is nothing illegal about adding a codicil to your will. However, it may be beneficial to approach the attorney that drafted your original and request that it be updated. This should cost significantly less than the cost of drafting the original will. I hope this helps.

Read more
Answered on 4/07/07, 7:12 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia