Law of Wills, 2016A

Example:
On March 4, 2014, T executed a will stating, “I leave my entire estate to A”.
On December 10, 2015, T executed a writing stating, “I leave my house to B.”
Explanation:
The second instrument T executed was a codicil. As a result, B gets the house and A takes the rest
of the estate. If T revokes the second instrument, A gets the entire estate and B gets nothing. If T
revokes the will, neither A nor B get any part of the estate.
When the testator indicates to the witnesses that the document he or she is signing or has
signed is meant to be the testator’s will, the testator publishes the will. The publication takes place
on the date that the will is executed. In the example above, the testator’s will was published on
March 4, 2014. Under the doctrine of republication by codicil, the law treats a validly executed will
as republished as the date of the codicil. Thus, in the example set out above, the testator’s will was
republished on December 10, 2015. The doctrine of republication by codicil interacts with the
doctrine of incorporation by reference. Consider the next examples.
Example:
On July 8, 2015, T executed a will that included a clause stating, “I would like the items listed in my
journal to be incorporated by reference into my will.” The date on the journal is August 10, 2015.
Explanation:
Because the journal was not in existence at the time that the will was executed, it cannot be
incorporated into the will by reference.
Example:
On July 8, 2014, T executed a will that included a clause stating, “I would like the items listed in my
journal to be incorporated by reference into my will.” The date on the journal is August 10, 2014.
On September 15, 2014, T executed the following codicil to the will, “I would like to leave $50,000
in trust for my granddaughter, Brittany.”
Explanation:
The will is republished on September 15, 2014 when the codicil was executed. Hence, the will is
treated as if it was executed on September 15, 2014. As a result, the journal was in existence at the
time the will was executed, so it can be incorporated by reference into the will.
Example:
A codicil cannot republish a will that has not been validly executed.
On November 23, 2014, Devon signed his will in front of one witness. Because the jurisdiction
required two witnesses and did not recognize holographic wills Devon’s will was not validly
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