Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Can a codicil revive a revoked will?

A codicil is an addition or supplement to a will. Someone may have been born or died since the original will was executed. A codicil is an easy way to make additions or deletions to a will without having to redo the entire will. However, the codicil has to be executed with the same formalities as a will. I have also previously written that when properly executed a codicil republishes the will as of the date the codicil is executed.

Consider this situation: a man executes a will; several years later, he executes a second will that revokes the first will; then, several years later, he makes a codicil that references the first will and, like all codicils, says that the first will is republished. Is the first will revived even though the second will revoked it? Yes according to the Texas courts. A  properly executed codicil has the effect of validating and republishing the prior will so that the will and codicil will then be considered as one instrument speaking from the date of the codicil. 460 S.W.2d 215.

Going even further, most jurisdictions in which the question has arisen also hold that a properly executed codicil validates a prior will which was inoperative or invalid because of defective execution, lack of testamentary capacity, or undue influence. 280 S.W.2d 731; No. 06-08-00015-CV, Texarkana.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

Like Us on Facebook

Follow Us On Twitter

Contact Us

We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.

Posted in Contesting wills, ProcedureTagged ,