Klenk Law

How an Undated Codicil Can Affect Your Will in Chester County, PA

Posted on Sat Feb 28, 2015, on Estate Planning

From our “Ask a Question” Mailbag: The Importance of the Dated Document in Pennsylvania

Most Recently Updated July 9, 2018

“I found a codicil and a will while going through my father’s documents. The codicil is not dated. Is this going to be a problem? I am currently in Chester County, PA.”

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Importance of the Dated Document in Pennsylvania

Importance of the Dated Document in Pennsylvania

When an Administrator files a Will for probate in Chester County, it may not be the only document the Register of Wills considers. Other documents previously unknown to the beneficiaries of the Will can have a profound influence on the disposition of the decedent’s property.

There’s more out there other than Wills

In many cases, a Will is not the only document expressing the testator’s estate plan. The most typical being a codicil and separate memorandums attempting to dispose of personal property. Navigating the effect of these documents, and the many others that can affect a Will require technical– localized knowledge of the County’s Orphans’ Court decisions.

Case Example

Let’s examine a case that highlights the impact of a codicil on a valid Will. Our facts come from the case, Basner Will, decided by the Orphans’ Court Division of the Court of Common Pleas of Chester County.

The issue before the court was whether the undated signed document could rightfully be admitted to probate as a codicil, supplanting a valid and dated Will.

Factual Timeline:

  • JB lives in and owns a house in Chester County, Pennsylvania for 35 years.
  • JB’s house is his only property.
  • 7/7/1995, JB signs Will leaving all worldly possessions to mother (EB).
  • 4/23/2005, JB marries SM, who moves into Chester County home.
  • 8/1/2008, JB & SM consult attorney regarding drafting of new Will.
  • 9/30/2011, JB & SM separate, but continue living together.
  • 6/7/12, JB dies.
  • After JB’s death, undated signed document found bequeathing house to SM.
  • Two documents submitted to Register of Wills for probate:
    1. Will signed 7/7/1995 bequeathing “all worldly possessions” to EB; and
    2. Undated signed document bequeathing the house to SM.

SM’s Argument:

SM argued the undated document was a codicil, written and signed after the 1995 Will. A codicil is a supplement or addition to a will. It may explain, modify, add to or subtract from, qualify, alter or revoke provisions in an existing will. In Chester County, the elements of a valid codicil are: a writing, signed by the testator at the end, written sometime after a valid will that is a legal declaration of the testator’s intention to be preformed after the testator’s death.

If the undated document in question was signed before the Will, the Will prevails and governs distribution. But if the undated document was signed after the Will, it constitutes a codicil and governs distribution of the Chester County home.

Outcome:

The court found the unsigned document, under Chester County Orphans’ Court precedent, was a valid codicil. In this case, the document was handwritten with a unique signature. SM’s most difficult burden of proof, when the document was written, was easier to prove than in most cases. SM and JB first met in 2003, therefore, the Orphans’ Court reasoned the document must have been written after 1995. We can imagine many instances when this would be more difficult if not impossible to prove. Finally, the language JB used in the document satisfied the legal declaration of testator’s intent.

SM established the elements of a valid codicil in Chester County, entitling the document to be admitted to probate. Since the house was JB’s only property, the codicil left SM as the sole beneficiary to JB’s estate.

Other Advice:

Orphans’ Court decisions are based on centuries of precedent. And as shown above, in certain circumstances, the result can be technical and unexpected. Having an attorney with a history of estate planning experience is a way to ensure your well-thought-out disposition comes to fruition.

More Probate Questions?

The undated document issue is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: The Importance of the Dated Document in Pennsylvania

I hope that this article was helpful in explaining what to do if there is an undated document located. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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