When there are inconsistencies between a will and a codicil, which document controls?

When there are inconsistencies between a will and a codicil, the codicil controls because it is considered a modification or amendment to the original will. A codicil is executed with the intent to change, add to, or revoke certain provisions of the original will while keeping the remaining provisions intact.

The legal principle is that the most recent expression of a person's intent regarding their estate is what should be followed. Since the codicil is designed to address specific issues that may have arisen after the creation of the original will, it reflects the testator's current wishes. This hierarchical approach prioritizes the specificity and the intent conveyed in the codicil over the broader terms of the will. Such an understanding ensures that the latest directives of the testator are upheld, maintaining the integrity of their wishes as circumstances evolve.

In practice, this means that if a conflict arises between the two documents, the terms of the codicil will prevail, thus clarifying how the estate should be managed and distributed according to the testator’s latest intentions.