Legal Question in Wills and Trusts in Georgia

In the state of Georgia can a Codicil, pertaining to a particular dated will, be worded so as to be binding and irrevocable to any changes made OR to any new wills?

Asked on 8/08/10, 2:12 pm

3 Answers from Attorneys



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Answered on 8/13/10, 2:31 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, codicils are usually a horrible idea. A codicil requires probate of two conflicting documents. One should draft a new will.

Neither a will nor a codicil can prevent one from making a new will.

Wills should always be prepared by a lawyer.

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Answered on 8/13/10, 2:46 pm

With the advent of word processors, lawyers do not usually do codicils any longer unless the change is really minor as codicils must be executed with the same formality as a regular will (they must be witnessed and notarized). And wills can be changed at any time before one's death, so there is absolutely no way to make the codicil irrevocable. Wills and codicils can always be challenged if the grounds to do so exist.

If you want to make something irrevocable, then skip the will and make a trust. Trusts are not subject to challenge. While most trusts can be amended, there are certain trusts which are irrevocable, so once you do it, it cannot be changed. Consult a lawyer and pay the fee to ensure that this is properly drafted if this is really what you want.

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Answered on 8/13/10, 7:59 pm

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