A codicil is not just something medical, like a donor codicil is. You can also make a codicil at home for part of your estate in goods and money, without a notary. A codicil is much cheaper than a will, because there are no notary costs. A codicil must meet specific conditions. A codicil is fully legally valid according to statutory inheritance law and must be observed. You can arrange less about your estate and inheritance with a codicil than with an extensive will. Money matters and assets, for example, are not included.
Drawing up a codicil, an example
- Codicil as will
- Still a will instead of a codicil
- What can you arrange with a codicil?
- A codicil revoked in 2022
- Example of a codicil
- Disadvantages of a codicil
- Legacy or codicil, the difference
- Donor codicil
- Living will
- Key lock
Codicil as will
You can arrange much more with a will than with a codicil. But a codicil has the great advantage that you do not have to go to the notary, but can draw it up yourself at home. A codicil must meet a number of requirements. It must be handwritten, dated and signed with your signature. If the codicil consists of more than one page, it is best to initial or sign each page individually. A printed or typed codicil is therefore not legally valid.
Still a will instead of a codicil
A will must necessarily be entered in the register before the notary and by the notary. This also means that a will is not changed so quickly: you have to go to a notary and usually pay a fair amount for a new will. An advantage of this registration procedure in the Central Wills Register, CTR, is that a will will not easily be lost, while that could be the fate of a codicil written by you.
What can you arrange with a codicil?
Matters that you can legally arrange with a codicil are:
- Your wishes for your own funeral. How should your funeral or cremation be arranged and what obituary, music do you want and so on.
- Who should arrange your financial affairs. An executor can no longer be appointed by means of a codicil.
- You can bequeath certain goods, such as books, documents, furniture and personal jewelry. You cannot bequeath money, a car, motorcycle, valuable antiques or more expensive paintings with a codicil. Immovable property cannot be passed on to someone else via a codicil.
- The copyright of your works after your death.
You cannot arrange financial matters with a codicil, but must do so with a will.
A codicil revoked in 2022
You can revoke a codicil by creating a new subsequent codicil. You thereby revoke and annul an earlier codicil and the decisions contained therein.
Example of a codicil
As an example, a handwritten codicil could look like this:
CODICIL The undersigned (surname, first names, profession, place of residence, address, place of birth, date of birth) declares the following. I bequeath free of duties and costs:
Written, dated and signed in my own hand. At …….. (place) ….. (day) ……. 22.. (year)
You must do this handwritten.
Disadvantages of a codicil
Some disadvantages of a codicil are:
- A codicil is not registered if you do not have it registered separately. You can leave a copy of it with a notary for safekeeping.
- A codicil can easily be lost.
- It can easily be hidden away. By the way, this is a serious crime: anyone who does this and it is demonstrable loses his rights as an heir.
- It may happen that heirs are not aware of a codicil.
- A beneficiary in a codicil may be unaware and not informed of the existence of the codicil.
- You cannot arrange as much through a codicil as you can with a will.
Legacy or codicil, the difference
You can also leave something to someone through a legacy, but if the legatee dies prematurely, a legacy becomes worthless. A legacy is made by a notary. A codicil is handy and much cheaper. Make sure that you also clearly describe in a codicil what you want to leave to someone, so that it is not unclear which ring or bracelet you meant.
A special form of codicil is a donor codicil, with which you give permission to transplant your organs or tissues after your death. A donor codicil is centrally registered in the Donor Register in our country. There has been an active donor registration since January 1, 2020 (if you don’t say no, you say yes). You can also carry a no or yes as your last will, but only from the summer of 2021 will everyone aged 18 and older be included in the Donor Register. It is important (for the time being) to inform your partner and family of this. It may happen that your handwritten donor codicil is not found when it is needed.
You draw up a living will to arrange all kinds of matters during your life. This way you can arrange what should happen in your old age and who should do it for you. For more information, see the attached article about the living will.
If you want your codicil to be executed and not forgotten, you should definitely inform the beneficiaries and heirs of your wishes in advance. Remember that a codicil has the legal force of a will. If you want to arrange more for your inheritance and legacy , it is best to have a will drawn up by a notary. A codicil can be added as an appendix. If you do nothing, the inheritance will be divided according to statutory inheritance law. Ensure proper settlement of your estate, so that your inheritance is properly arranged.
- Why make a will
- Who as heir and heirs