What are ways to revoke a codicil to a Will?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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