Legal Definitions - codicillary

The term codicillary relates to a codicil. To understand "codicillary," it's first important to know what a codicil is.

A codicil is a legal document that serves as an addition or amendment to an existing will. Instead of creating an entirely new will, a person can use a codicil to make minor changes, clarify provisions, or add new instructions. It must be executed with the same legal formalities as the original will to be valid.

Therefore, codicillary describes anything that pertains to, is characteristic of, or originates from a codicil. It indicates a connection to these specific types of amendments to a will.

Here are some examples to illustrate the use of "codicillary":

• Example 1: A testator (the person making the will) decides to leave a specific antique to a new beneficiary, a detail not included in their original will. Instead of drafting an entirely new will, their attorney prepares a separate document to add this instruction. The attorney might refer to this as a "codicillary amendment" to the will.

  Explanation: Here, "codicillary" describes the amendment itself, indicating that it is an addition made via a codicil rather than a complete rewrite of the will.

• Example 2: After a person's death, their heirs discover a handwritten note attached to the will that purports to change the distribution of assets. The court would need to determine if this note meets the legal requirements to be considered a valid codicil. If it does, the court might refer to the "codicillary intent" of the deceased, meaning their intention as expressed in that specific amending document.

  Explanation: In this context, "codicillary" refers to the intent or purpose as expressed within the codicil, distinguishing it from the intent expressed in the main will.

• Example 3: A lawyer specializing in estate planning might advise a client that making frequent small changes to a will through multiple codicils can sometimes lead to confusion or legal challenges. They might caution against an overly complex "codicillary structure" for the estate plan.

  Explanation: Here, "codicillary" describes the overall arrangement or framework created by using multiple codicils, highlighting the potential complexities associated with them.