OBA Estates and Trusts section members met virtually on September 21, 2021 for the first Brown Bag Lunch of the 2021-2022 term. The meeting opened with a brief introduction from the OBA and then turned to housekeeping matters. It was noted that for the foreseeable future, BBLs would likely continue to take place remotely over Zoom based on positive feedback in this regard from participants.
Attendees had an interesting discussion regarding why it is common practice not to do a codicil to primary and secondary Wills. Several participants brought up the issue of revocation, noting that a codicil to the primary Will has the effect of republishing the primary Will on a new date, which may then have the effect of revoking the secondary Will. This is typically not a testator’s intention when executing a codicil, and there was a general consensus amongst BBLers in attendance that they tend to avoid codicils in this situation.
The discussion about codicils led to a further conversation about BBLers’ practices when preparing a codicil for a client. One attendee raised the question of what circumstances would require a full review with the client of his or her assets, whether there are any changes in the family, etc. Should this be done even if the change to be implemented by the codicil is very minor? What if the codicil is being prepared 10 years after the date of the Will? One BBL’er’s view was that doing a full review of the client’s circumstances could be of assistance if there is a challenge to the Will or codicil after the testator’s death. Another BBL’er noted that her practice depends on how well they know the client in question, and whether they may already know of anything that has happened in the client’s family or with respect to his or her assets in the intervening period.
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