Can an executor of a will make a codicil to the original will?
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Can an executor of a will make a codicil to the original will?
I had a family member passing away and
the executor of the will made a codicil
days before the person’s death.
Asked on July 28, 2017 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Only the "testator" (i.e. the maker) of a Will can make any changes or amendments (i.e. a codicil) to the Will. An executor has no authority tothe same holds true if a new do so. While, they could help prepare a codicil, only the testator could legally execute it. The same holds true if a new Will is done.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Only the testator (the person whose Will this is) can make changes in the Will by a codicil. An executor cannot change the Will. If the testator was mentally competent and directed the executor to prepare a codicil, then the executor would be carrying out the testator's intent which would be permissible.
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