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A Codicil to the Last Will is a testamentary document which adds, modifies or revokes a part of or the entire Will. The Testator is the person making the Will or Codicil.
Although this document is not a Will, however it is used to change specific provisions of the last Will but leaves the remaining part of the Will. It forms part of the last Will and both documents must be read together upon the death of the Testator.
For a Codicil to be valid, the following must be present:
When to use this document
A codicil can be used in the following circumstances:
How to use this document
This document can be used by a person who intends to make amendments to their Last Will instead of drafting a new Will. Before using this document, the form filler must read the original Will and identify the provision(s) the Testator would like amend.
The form filler can amend the Will by:
After filling this form, it should be printed and signed by the Testator in the presence of the two witnesses. The witnesses must fill their names in the column assigned to them and equally sign the document in the presence of the Testator.
If the Testator is an illiterate or blind person, the contents of the document must be read to him/her in a language that he/she understands and the Testator must perfectly understand and approve the contents of this document before affixing his/her thumb impression/ mark.
Note that the beneficiaries should not also be witnesses to the Will.
After filling this form, the Testator should keep a copy of the Will with the Probate Registry, High Court, his/her lawyer and/or bank for safe keeping.
The Wills Act, 1837 is applicable. Also, the Wills Laws of various States are applicable. Under the Wills Act, a Testator must be at least 21 years. While according to the Wills law of various States, like Lagos State, the Testator must be at least 18 years.
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