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When could I use a Codicil?

- If you need to make a simple change to your Last Will;

- If you want to change your executor; or

- If you want to change a guardian;

then you could use a Codicil.

When should I write a new Last Will?

- If you need to make complex changes to your Last Will;

- If you want to add or remove a beneficiary;

- If your Last Will already has one or more codicils attached; or

- If you married or got divorced since you wrote your Last Will;

then you should WRITE A NEW WILL

Your Information

Your Name:

Use your full legal name. (e.g. Samuel William Smith.)

Your City/Town:

Your State:

Ohio

The law of the jurisdiction where you are domiciled at the time you wrote your Last Will may be used to interpret your Last Will.

Your Gender:

Male

Signing Location

City/Town where the Codicil is to be signed:

State where the Codicil is to be signed:

Ohio

Your Codicil must conform to the signing and witnessing (execution) requirements of the jurisdiction where your Codicil is to be signed. An affidavit will be provided that is specific to the signing requirements of the jurisdiction that you select.

The requirements for executing a Codicil can be slightly different in each jurisdiction. The help provided for the questions that follow will be based on the jurisdiction that you select for the Signing Location.

Last Will

What is the signing date of your Last Will:Enter the execution date (signing date) of your Last Will to which this Codicil will apply.

Amendments

How many changes will you make to your Last Will?

If you need to make more than two changes to your Last Will then you need to write a new Last Will.

Amendment

Select type of amendment:

Add

Enter the text you wish to add:

If the clauses in your Last Will are numbered, then number your new clause so that your Last Will and Codicil will be read in the correct sequence.

Example: (Add a new gift or beneficiary)
12) I bequeath the sum of $25,000 to my nephew John Thomas Lee, of Arlington, Texas, to be used for his sole use and enjoyment.

Codicil Execution Date

Execution date for this Codicil:

Unsure

Number of witnesses:

Two

In Ohio, no person under eighteen years of age may witness a Codicil or Will. A witness must understand what they are witnessing and must be competent to testify in court.

In Ohio, if a devise or bequest is made to a person who is one of only two witnesses to a Codicil or Will, the devise or bequest is void. The witness will then be competent to testify to the execution of the Will, as if the devise or bequest had not been made. If the witness would have been entitled to a share of the Testator's estate in the case where the Will was not established, he may take so much of that share that does not exceed the bequest or devise to him.

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BETTER TO BE SAFE!

Avoid the risk of having your intentions changed or even invalidated.

Select ONLY witnesses who are NOT RECEIVING A GIFT under your Will.

A witness should also not be the spouse of someone receiving a gift under your Will.

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Additional Help

1. Who may make a Codicil to Last Will?

In Ohio, a person of the age of eighteen years, or over, of sound mind and memory, and not under restraint, may make a Last Will.

2. Who must sign my Codicil to Last Will?

In Ohio, a Codicil or Will must be signed and attested in the conscious presence of the Testator, by two or more competent witnesses, who saw the Testator subscribe, or heard the Testator acknowledge the Testator's signature.

Signing 'in the presence of' another means the other parties actually watch the signing. The Testator and the witnesses should initial the bottom right hand corner of each page of the Codicil or Last Will (except the last page which is signed by everyone). Witnesses should NOT be individuals who will be receiving gifts in the Will or the spouses of individuals receiving gifts in the Will.

3. What is a self-proving Will?

Normally a witness will be required to testify in probate court that the Last Will or Codicil was executed properly. Alternatively, this requirement may be satisfied by having each witness swear an oath and sign an affidavit in front of a notary. This removes the requirement of having one of your witnesses go to court to verify proper execution. If available in your state, the required form will be included with your Codicil to Last Will.
Self-proving affidavits are not currently available for Ohio.

Remember:

Read and review your Last Will and all Codicils (including this one) carefully.

If your Last Will appears confusing then a judge may interpret your Last Will in a way that you did not intend. Do not take that risk! Ensure that your intentions are clear and will not be misunderstood.

If you think your Codicil might be misunderstood then WRITE A NEW WILL

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