LoveToKnow Seniors:AllComments

From LoveToKnow Seniors

Comments

Hi Dorothy, as our article states, a handwritten codicil is fine, as long as it is witnessed by an attorney. But if you really want a form, most office supply stores stock a will kit that has a codicil form.

-- Contributed by: TK2

Where can I get a codicil form.

-- Contributed by: Dorothy Allison

Hi Marie, unfortunately, your questions deals with a number of different issues:

the legality of a codicil
the estate amount recognized under Canadian law as exempt from taxes
whether or not addendums to wills must be notorized

A couple of thoughts: if the father has passed, having the codicil notarized by the sister or the brother after the death of the father is probably not necessary by either party. The codicil exists, it is attached to the will, and the sister and brother know this, and so it is probably a binding do...ent.

In the U.S., inheritance tax law varies, but it would be the brother's repsonsibility to pay taxes on any amount he receives from the estate.

To honor the father's wishes, the sister should probably leave the brother the amount specified by the father in the will's codicil, and not worry over the little stuff.

I'm afraid we are not familiar with the particulars of Canadian law regarding estate distribution. I think in the best interest of the father's wishes and the estate, both the sister and brother should seek the counsel of an estate attorney. Good luck.

-- Contributed by: TK2

If a father, leaves his entire estate to his only daughter and nothing to their only son in a will done at the notary in Quebec, Canada, can he later print a codicil on the internet and have it witnessed by 2 withnesses and leave the son an amount of money, saying he did not put him in the original will because he was very mad at that time and not get it notarized because he is sick and dies within 2 mths. If the codicil is not notarized will it be legal for the son to receive the amount from the executrix and will it be the same as an estate amount where he will not pay income tax on it. Is the estate suppose to pay for this codicil made by their dad be legalized and executed or can the executrix the sister decide not to pay him that amount, or request the son pay to have it notarized.

-- Contributed by: Marie Laurin

Hi Marcella - your best option is to have an attorney alter your will to reflect this change. Make sure to identify the reasons why you're doing this so all three children understand the cir...stances.

-- Contributed by: TK2

I would like to know how I can change my will and leave my home to just one of my children. In my will I state that it will be left to my three children. I would like to change this now. Thank you

-- Contributed by: Marcella V. Butterly
> Return to article