Missing codicil

[bohemianbelle]

What is the name of your state? KS

What happens if the codicil is missing? The will is over 25 years old and states that a codicil was attached. The will was kept in the attorney's office all these years and the codicil should have been there, along with the will.

What does a missing codicil, that is clearly stated as attached, do to the status of the will?

Please don't FLAME me but I'm wondering if the codicil was conveniently lost. I think that a newer codicil for this will was at the attorney's office but now they can't find any codicil, even an old one.

 

[Dandy Don]

With a matter of this importance, you need to be discussing this with a local probate attorney.

 

[bohemianbelle]

Dandy Don,
Thank you so much for your reply. I appreciate your time and thoughts.

Yes, I have spoken to an attorney but I was curious to hear what other experienced attorneys had to say about this problem.

If the will states that there is a codicil attached, (the will was kept in the attorney's office for 25 years) and one is not produced, what does this look like to a judge and a jury?

Thanks for your help in advance.

 

[Dandy Don]

What did your attorney say about this? Is probate going ahead as if it doesn't exist or doesn't affect the outcome of what the beneficiaries get? Is anyone contesting it?

Does the will give any mention of exactly what assets/property or subject matter would be covered by the codicil?

Of course it is going to look somewhat suspicious to the judge and jury and it might be assumed that the attorney misplaced or destroyed it to benefit himself or one or more of the beneficiaries, but of course the attorney is going to be that the decedent never furnished it for the files.