Codicils

I only see codicils used with wills. Are they appropriate instruments for any other legal documents such as joint venture agreements?

What you want is called an ADDENDUM. This is a document used to modify an existing contract.

Thanks for your reply but I need information that is specific to the use of codicils. That is, can a codicil be used with documents other than wills? I see codicils on a joint venture agreement and I've never seen it used with one before.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by denice:
Thanks for your reply but I need information that is specific to the use of codicils. That is, can a codicil be used with documents other than wills? I see codicils on a joint venture agreement and I've never seen it used with one before.<HR></BLOCKQUOTE>


My response:

These are just names for, basically, the same thing. Both a Codicil and an Addendum effect changes to a previous writing. The word "Codicil" is a "term of art" which is used traditionally in matters concerning estates, wills, trusts, etc., i.e., matters concerning the "wishes" and "directions" of a deceased person.

An "Addendum" also affects the "wishes of a person" in matters of a contract nature during life.

The "name" of a document has nothing to do with it's effects concerning how matters are to be handled, either during life (as in a business contract) or in a Will (how things are handled after life).

In other words, if someone calls a document by an incorrect name, a court will not look to the "title" of the document; rather, a court looks to the affects and effects of the document itself, and disregards it's title.

In summary, if you've seen the word "Codicil" on a document attached to a business document, I don't see a problem. It's merely customary to use the proper "terms of art."

IAAL


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