How does a codicil differ from a will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

A codicil serves as a supplementary document to an existing will, designed specifically to modify, clarify, or add provisions without revoking the original will entirely. It allows an individual to make changes, such as adjusting bequests, appointing new executors, or updating other specific details, while still preserving the rest of the will's stipulations.

This flexibility is key in estate planning; individuals may wish to make minor adjustments in response to changing circumstances or preferences without the need to create an entirely new will. A codicil must be executed with the same legal formalities as a will, such as being signed by the testator in the presence of witnesses. This makes it a practical tool for managing an estate as it evolves over time.

The other options do not accurately represent the function or nature of a codicil. For instance, saying that a codicil completely replaces an existing will misrepresents its purpose, while the notion that it is merely a summary of estate assets overlooks its role in changing legal directives. Also, stating that a codicil must be created in the presence of a judge is inaccurate, as it is instead typically a matter of being witnessed according to estate laws.

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