Author Topic: Wills and Codicils  (Read 269 times)

Offline mezentia

  • RootsChat Veteran
  • *****
  • Posts: 654
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Wills and Codicils
« on: Thursday 12 November 20 14:52 GMT (UK) »
I have been working on (yet another  ;D ) will. This one was drawn up in 1989. The testator died in 2008. The will went to probate was proved and registered in the High Court with one codicil in January 2009. The will itself is not especially remarkable containing the expected bequests to family, friends and charities. The problem arises when we get to the codicil, which clearly states that it is the second codicil, and it refers to a bequest made in the first codicil, specifically in Clause 1, which is revoked, but indicating that there may well have been further clauses. Nowhere does it specifically revoke the first codicil. As the grant specifically refers to a single codicil, how would the first codicil be entirely revoked?
Anderson - Leics., Yorks.; Attwood - Worcs., Staffs.,  Salop; Baylis - Worcs.; Beach/Bache - Worcs., Staffs., Salop; Bills - Devon, Worcs.<br />Dovey - Worcs., Staff., Salop; Gill - Worcs.; Hampton - Worcs., Staffs.; Hancox/Hancocks - Worcs., Staffs.<br />Hill - Worcs., Staffs., Salop; Sherwood - Worcs., Staffs.; Stonyer - Worcs., Staff., Salop, Essex<br />Woodall - Worcs., Staffs.; Potter - Essex.

Online Kiltpin

  • RootsChat Veteran
  • *****
  • Posts: 674
  • Stand and be Counted
    • View Profile
Re: Wills and Codicils
« Reply #1 on: Thursday 12 November 20 20:45 GMT (UK) »
Is it possible that a new will was drawn up which incorporated the first codicil? 

Regards 

Chas
Whannell - Eaton - Jackson
India - Scotland - Australia

Offline mazi

  • RootsChat Aristocrat
  • ******
  • Posts: 2,836
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Wills and Codicils
« Reply #2 on: Thursday 12 November 20 21:15 GMT (UK) »
My understanding is that a codicil should be, and always remain, physically attatched to the will.

If not then it is not valid.

Mike



Offline mezentia

  • RootsChat Veteran
  • *****
  • Posts: 654
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Wills and Codicils
« Reply #3 on: Friday 13 November 20 09:30 GMT (UK) »
The second codicil confirms the previous will - the dates match. Could it be that the clause referred to in the first codicil on the second codicil was the only clause, and by revoking it in the second codicil it effectively revoked the entire first codicil, therefore that wasn't needed when the grant of probate was obtained. I would have thought that the grant would not have been made if it was necessary for the first codicil to be attached to the will.

I have since contacted the probate search service and they have replied that they will send all attached codicils, but we'll wait and see.
Anderson - Leics., Yorks.; Attwood - Worcs., Staffs.,  Salop; Baylis - Worcs.; Beach/Bache - Worcs., Staffs., Salop; Bills - Devon, Worcs.<br />Dovey - Worcs., Staff., Salop; Gill - Worcs.; Hampton - Worcs., Staffs.; Hancox/Hancocks - Worcs., Staffs.<br />Hill - Worcs., Staffs., Salop; Sherwood - Worcs., Staffs.; Stonyer - Worcs., Staff., Salop, Essex<br />Woodall - Worcs., Staffs.; Potter - Essex.

Offline JEB01

  • RootsChat Extra
  • **
  • Posts: 41
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Wills and Codicils
« Reply #4 on: Saturday 14 November 20 14:46 GMT (UK) »
I think your suggestion that the second codicil effectively revoked the first entirely by specifically replacing the one clause is almost certainly correct.

I imagine that whoever applied for probate would have sent the Probate Registry both of the original codicils, with the original will, and that they pointed out that the first codicil had effectively been revoked by the wording of the second codicil, so that the grant was then issued with just the second codicil.

Iím assuming that the second codicil not only revoked the first but went on to make some other changes to the original will.

As a general rule itís never a good idea to accumulate codicils. Once youíve gone beyond one, itís best to simply make a new will.