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Structure of a Holograph Will + codicils

Anynym

Just a bit to the right
Dec 28, 2005
2,954
6
38
I'm doing some estate planning, and have a simple situation. I've written out a (holograph) Will fully in my own handwriting, signed and dated.

What I would like to know is whether I can attach codicils to cover off details that I (intentionally) left out of the will itself, for example, requesting cremation rather than spending money from my estate on a burial plot, vault, and casket (etc)?

Ideally, I'd like to keep the Will to one page, and attach codicils which I can more easily re-write over time. I'm not in a situation where I have any worries about anyone fighting over my estate.

Thoughts? Is this an appropriate approach, or would the Probate Court consider it invalid because the codicils _supplement_ rather than _replace_ sections of the Will itself?
 

trm

Well-known member
Apr 8, 2009
19,776
74,749
113
Ask a probate lawyer. You won't get sound legal advice on this forum.
 

introvertedperv

New member
Jan 8, 2017
15
0
1
First - There are a number of competent lawyers on this site. Oagre, for one knows his stuff.
Second - A will and powers of attorney for an a single adult should cost you less than 500.00 (+HST). If you have any sort of estate, spend the money to get it done properly.
Even if you don't have much of anything, do it properly as you will save your estate the hassle of an application for appointment as estate trustee without a will, which will probably cost your estate 3,000.00. Even if all you have is a car, DMV will NOT transfer title to a vehicle without the executor obtaining a Certificate of Appointment...
Third - If, for whatever reasons, you insist on doing it yourself a codicil should not deal with changing the substance of gifts to beneficiaries. If the codicils supplement the instructions in the will, it is likely that there are gaps in the will or the codicil will result in mutually inconsistent instructions , which would result in a partial intestacy. Again, penny wise and pound foolish. If your executors and beneficiaries end up bringing an Application for Direction or worse, fighting over the distribution of your estate there will be nothing left. Estate litigators are fond of saying that an testator's estate is essentially wasted on the beneficiaries. They aren't actually joking.

Finally, there's little point in including burial instructions in the will unless they are VERY particular and important for reasons of faith (e.g. the Bha'i have some specific requirements) as decisions about burial/cremation/dump the body in the Don Valley will be made before anyone gets around to reading the will. It's a lot more practical to make sure that you tell prospective executor(s) so they know what you want done.
 

|2 /-\ | /|/

Well-known member
Mar 5, 2015
6,489
1,150
113
I got exited there for a second when I read hologram and will and though this would be an existential thread and realized it’s just some boring lawyers talk ...
 
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