MBE Rules · Wills, Trusts & Estates
Republication by Codicil
Republication by codicil
The rule
A valid codicil re-executes the will as of the codicil's date — curing interested-witness taint, updating omitted-spouse timing, and incorporating later documents.
In plain English
Republication by codicil means that when a valid codicil is created, it effectively reaffirms the original will as if it were executed on the date of the codicil. This can fix issues like having interested witnesses or update provisions regarding omitted spouses and incorporate any later documents into the will.
Worked example
John executed his will in 2015, which included his children as beneficiaries. In 2023, he created a codicil that added his new spouse as a beneficiary and removed one of the children. The codicil republicates the will, making it valid and incorporating the changes as of 2023.
Memory hook
A codicil reboots your will, fixing issues and updating your wishes.
The trap
Exams may present scenarios where students overlook the effects of a codicil on the original will, especially regarding timing and beneficiary changes. Be cautious of questions that mislead about the validity of the original will after a codicil is executed.
How examiners test it
This rule often appears in questions about the validity of wills and codicils, focusing on the effects of republication and how it interacts with issues like interested witnesses or omitted spouses.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414