What counts as a will in Pennsylvania? What is a Codicil?

Pennsylvania is very liberal in finding wills. A will is a statement of testamentary intent that is either in the Testator's handwriting or is signed at the bottom by some form of signature, including initials and personal marks. A small difference, a legality really, is the difference between a will and a codicil. The difference is that a will usually replaces all prior wills. A codicil is simply an addendum, i.e., something that you forgot and are now adding to the will. For example, a handwritten note found amongst the valuables and papers of a Decedent was held to be a codicil and amended the will. In re Hengen's Estate, 55 Montg. 327 (1939).

Under this view, a group of testamentary wishes that you jotted down may be put together to form your will. The only problem would be if you contradicted yourself from one page to the next. Therefore, even if you create what appears to be a will, if the writing seems to be simply an addition to a former will, the Courts of the Commonwealth may hold that it is a codicil and that the former will is not revoked. In re Bingaman's Estate, 127 A. 73, 281 Pa. 497, Sup.1924. Wills 476.

An interesting side note here is the Pennsylvania case law that allows a codicil to adopt a revoked will. Let's say that you executed a will. Then you change your mind and execute a new will which revokes the first will. Will number two is now in effect. But if you now write a simple testamentary wish down that refers to the first will, that first will and the codicil are now in effect. The second will has now been revoked. The lesson is to make sure that you keep your dates and wills straight when you jot down your wishes. Remember, even a napkin with coffee stains on it can act as a codicil if you put down the required testamentary intent. Neff's Appeal, 48 Pa. 501, 1865, affirming 5 Phila. 281, 21 L.I. 236; Bradish v. McClellan, 100 Pa. 607, 1882; Lee's Estate, 16 Pa.Super. 627, 1901, affirming 15 Montg. 70, 1900; DeHaven's Estate, (No. 2,) 56 A. 404, 207 Pa. 152, 1903.