How Codicils Can Complicate an Estate Dispute

When it comes to reviewing a loved one’s estate documents, clear language is everything. That’s why the existence of a Codicil (a legal amendment to a will) can sometimes make probate more complex, especially if multiple versions exist or the codicil’s validity is called into question.

Seasoned legal professionals have handled numerous disputes involving Codicils. They know how to interpret complex Codicils, uncover inconsistencies, and advocate for your rightful inheritance. Whether you’re contesting a last-minute Codicil or defending a loved one’s final wishes, a Pompano Beach estate litigation lawyer can guide you through the legal process.

What Is a Codicil?

A Codicil is a legal document that modifies, clarifies, or revokes specific provisions in a previously executed Will without requiring a complete rewrite. Codicils can:

• Change the executor or personal representative
• Alter bequests or beneficiary designations
• Add or remove property from the will
• Clarify ambiguous language in the original document

Under Florida law, a Codicil must meet the same execution requirements as a Will. It must be signed by the testator in the presence of two witnesses, who must also sign in each other’s presence.

While Codicils are meant to provide flexibility, they can cause confusion. This can happen when there are multiple amendments with conflicting instructions or a Codicil appears to be forged or created under duress. Or, if the original Will is lost, but a Codicil is found.

In Florida probate courts, these situations frequently lead to litigation. The Court must determine whether the Codicil is valid, whether it supersedes the original will in part or whole, and whether all procedural requirements were met.

A notable example is a Florida case where a dispute arose over two Codicils added to a Will shortly before the decedent’s death. One codicil named a new Personal Representative, and the other altered beneficiary shares significantly. The Court found that while both Codicils were properly executed, the second Codicil conflicted with the first.

Because the second Codicil didn’t explicitly revoke the first, both were upheld, leading to a complicated distribution and tension among the beneficiaries. This case underscores how lack of specificity and timing in codicils can result in unintended consequences.

How Do I Contest a Codicil?

If you believe a Codicil is fraudulent or improperly executed, Florida law provides grounds for dispute. Lack of testamentary capacity, undue influence, improper witnessing, and forgery are all approaches to pushing back on an estate document.

A skilled Pompano Beach estate litigation lawyer can help gather records, interview witnesses, and work with handwriting experts to evaluate the legitimacy of a codicil. Codicils may seem like a simple way to make updates, but they can carry big consequences. If you’re facing uncertainty due to a codicil in a Florida estate, don’t leave your rights to chance.

Did a change to an estate document surprise you? If you’re involved in a Florida estate dispute, talk to the attorneys at Mark R. Manceri, P.A. about how codicils work and why they’re often at the center of litigation. For experienced legal guidance, schedule a confidential consultation today.