Can an executor of a will make a codicil to the original will?

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Can an executor of a will make a codicil to the original will?

I had a family member passing away and
the executor of the will made a codicil
days before the person’s death.

Asked on July 28, 2017 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Only the "testator" (i.e. the maker) of a Will can make any changes or amendments (i.e. a codicil) to the Will. An executor has no authority tothe same holds true if a new  do so. While, they could help prepare a codicil, only the testator could legally execute it. The same holds true if a new Will is done.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Only the testator (the person whose Will this is) can make changes in the Will by a codicil.  An executor cannot change the Will.  If the testator was mentally competent and directed the executor to prepare a codicil, then the executor would be carrying out the testator's intent which would be permissible.


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