<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
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
