What happens if a will and a codicil contain inconsistent provisions?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

When a will and a codicil contain inconsistent provisions, the most recent document prevails. This principle reflects the legal concept that a codicil, which serves to amend or clarify a will, is intended to update and modify the terms of the original will.

The rationale behind this approach is that the testator's intent should be respected as it reflects their most current wishes. Therefore, if there are conflicts between the original will and the codicil, the provisions in the codicil will take precedence, as it is considered to express the testator's updated desires regarding the distribution of their estate.

This principle is fundamental in estate planning and probate law, ensuring that the most current document is upheld to avoid confusion and reflect the latest intentions of the testator regarding their assets after death.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy