What are ways to revoke a codicil to a Will?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are ways to revoke a codicil to a Will?

My mother, age 92, redid her Will in 2016. Earlier this year, my brother had an attorney draw up a codicil to my mother’s new Will naming him as the 1st executor to her estate and me as the 2nd. The original Will lists may father/her husband as first executor, me the 2nd and my brother the 3rd. She thought that my father would be the 1st executor on the codicil and wants to get rid of the codicil going back to the original Will. She has the original copy of the codicil and I do not know if my brother has any copies. If she tears up the original codicil, would a copy be legal when the time comes to execute the Will? My brother owes the estate several thousand dollars and the family, as well as my mother, is not sure he will pay it back if he is the executor.

Asked on August 14, 2017 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The best way to revoke a codicil is to create, sign, and have properly witnessed a new codicil which states that it supercedes and revokes the earlier one and which also states what the testator (person making the will) wants--e.g. that your father will be the first executor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption