Update Your Will with a Codicil

Understanding Will Codicils

A codicil is a legal document that amends, adds to, or modifies an existing last will and testament. Rather than creating an entirely new will for minor changes, a codicil allows you to make specific updates while keeping your original will intact. Codicils must be executed with the same formalities as a will—signed, witnessed, and in some states, notarized—to be legally valid.

When a Codicil is Appropriate

Codicils work best for simple, straightforward changes to your will. Consider a codicil when you need to:

• Make one or two specific changes: Adding a beneficiary, changing an executor, or updating a specific bequest
• Reflect minor life changes: New grandchildren, address changes, or updating personal representative contact information
• Modify gift amounts: Increasing or decreasing dollar amounts left to beneficiaries
• Add small provisions: Including funeral wishes or charitable donations
• Update outdated information: Changing names of institutions or correcting minor errors

A codicil is typically faster and less expensive than creating a new will, making it ideal for minor updates that don't require restructuring your entire estate plan.

Legal Requirements for Codicils

For a codicil to be legally valid, it must meet the same requirements as a will in your state:

• Mental Capacity: You must be of sound mind and at least 18 years old
• Written Document: Oral codicils are not valid; the codicil must be in writing
• Proper Execution: You must sign the codicil in the presence of witnesses
• Witness Requirements: Most states require two witnesses who are not beneficiaries
• Notarization: Some states require notarization for self-proving purposes
• Clear Reference: The codicil must clearly identify the will being amended
• No Contradictions: Changes must be clearly stated to avoid ambiguity

Our service ensures your codicil meets all legal requirements for your state, including proper witnessing and notarization where needed.

When to Create a New Will Instead

While codicils are useful for minor changes, sometimes creating a new will is the better choice:

• Multiple Changes: If you're making more than 2-3 significant changes, a new will may be clearer
• Major Restructuring: Completely changing distribution schemes or family situations
• Previous Codicils: If you've already added several codicils, creating a fresh will prevents confusion
• Old Will: If your will is more than 5-10 years old, it may need comprehensive updating
• Contradictory Provisions: When changes conflict with existing will language
• State Law Changes: If laws have changed since your will was created
• Revocation Needed: If you want to completely remove provisions rather than modify them

Our attorneys will review your situation and advise whether a codicil or new will is more appropriate for your needs.

Storing Your Codicil Properly

Proper storage of your codicil is crucial for it to be effective. The codicil should be physically attached to your original will—typically stapled or clipped together—and stored in the same secure location. Never store your codicil separately from your will, as this can cause confusion or result in the codicil being overlooked.

Store both documents in a fireproof safe, safe deposit box, or with your attorney. Inform your executor and any relevant family members where these documents are located. Keep photocopies in a separate location for reference, but make sure everyone knows that only the original signed documents are legally valid.

Multiple Codicils and Potential Issues

While you can create multiple codicils to your will, each additional codicil increases the risk of confusion or conflicting provisions. If a second codicil contradicts the first codicil, courts will generally give preference to the later document. However, this can create interpretation challenges and potential disputes among beneficiaries.

As a rule of thumb, if you find yourself creating a third codicil, it's probably time to create a new will instead. A fresh, comprehensive will is easier to understand, less prone to challenges, and provides greater clarity for your executor and beneficiaries. We can help you determine the best approach for your situation.