Codicil to a Will: How to Update Your Will with Confidence

What is a codicil to a will?

A codicil to a will is a legal document that allows you to modify specific provisions of your existing will without creating an entirely new document. Think of it as an official amendment that becomes part of your original will, clarifying or changing certain terms while leaving the rest of your estate plan intact.

Codicils serve several important functions in estate planning. They provide a cost-effective way to make minor updates, help maintain the continuity of your original will's structure, and offer flexibility when life circumstances change. For example, if you originally named your brother as executor but he moves across the country, a codicil can easily designate a new executor without affecting your beneficiary designations or other will provisions.

The legal validity of a codicil depends on following the same formalities required for wills in your state. This typically includes written documentation, proper witnessing, and sometimes notarization. When properly executed, a codicil becomes an integral part of your will and must be read together with the original document to understand your complete testamentary wishes.

When to use a codicil instead of writing a new will

Deciding between a codicil and a new will depends on the scope and complexity of changes you need to make. A codicil works best for straightforward modifications that don't fundamentally alter your estate plan's structure or create potential conflicts with existing provisions.

Ideal situations for codicils

Codicils are particularly effective for single, specific changes to a will, such as updating an executor after they become unable to serve, adding a new beneficiary for a particular asset, or removing a beneficiary who has predeceased you. They're also useful when you want to make small adjustments to bequests, such as changing the amount of a monetary gift or specifying different personal property distributions.

Consider using a codicil when your original will is relatively recent and reflects current estate planning practices. If your will was drafted within the last few years and uses modern legal language, a codicil can seamlessly integrate with the existing document structure.

When a new will is preferable

Major life events typically warrant a completely new will rather than a codicil. Marriage, divorce, death, the birth of children, or significant changes in your financial situation often require comprehensive updates that affect multiple will provisions. In these cases, a new will ensures clarity and reduces the risk of contradictions between your original will and multiple amendments.

Multiple codicils can create confusion and increase the likelihood of legal challenges. If you've already created one or two codicils, additional changes may be better addressed through a new will. 

How to draft and execute a codicil to a will

Creating a legally valid codicil requires careful attention to both content and execution requirements. The process involves several critical steps that must be completed according to your state's specific laws to ensure the codicil will be recognized and enforced.

Step 1: Review your original will

Before writing your codicil, gather your original will and review it thoroughly to understand exactly what you want to change. Identify the specific sections, clauses, or provisions that need modification, and note the exact language used in your original will. This preparation helps ensure your codicil references the correct portions of your will and avoids unintended consequences.

Create a clear list of the changes you want to make, being as specific as possible about each modification. For example, instead of writing "I want to change my beneficiaries," specify "I want to remove John Smith as beneficiary of my savings account and add Mary Johnson as the new beneficiary." This specificity prevents ambiguity and reduces the risk of legal challenges.

Consider consulting with the estate planning attorney or service that prepared your original will, as they'll have your document on file and can ensure the codicil properly integrates with your existing estate plan. They can also advise whether your proposed changes are better suited for a codicil or if a new will would be more appropriate.

Step 2: Draft the codicil

A properly drafted codicil must clearly identify itself as an amendment to your will and reference the original document's date to avoid confusion. Begin with language such as "I, [Your Full Name], declare this to be the First Codicil to my Last Will and Testament dated [Date of Original Will]."

Describe each change with precise language that leaves no room for interpretation. Use the same terminology and phrasing style as your original will to maintain consistency. For instance, if your will refers to "my residence at 123 Main Street," use the same description in your codicil rather than "my house" or "my home."

Include a republication clause that confirms your original will remains valid except for the specific changes outlined in the codicil. A typical clause reads: "In all other respects, I hereby confirm and republish my said Will dated [Date] as modified by this Codicil."

Step 3: Sign the codicil and fulfill any witnessing requirements

Codicils must be executed with the same formalities as wills, which vary significantly by state. In most states, you must sign the codicil in the presence of at least two witnesses who are not beneficiaries under your will or the codicil. The witnesses must also sign the document, typically in your presence and in the presence of each other.

Most states don’t require notarization in addition to witnessing, but notarizing your codicil may make it less likely that your will will be contested in a probate court.

Common mistakes and how to avoid them

Creating a codicil involves several potential pitfalls that can render the document invalid or create confusion in your estate plan. Understanding these common errors helps ensure your codicil achieves its intended purpose and doesn't inadvertently complicate your estate administration.

Overlooking witness requirements

One of the most frequent mistakes involves improper witnessing procedures. Many people assume that any adult can serve as a witness, but most states prohibit beneficiaries, their spouses, or anyone with a financial interest in the estate from witnessing the codicil. Using an improper witness can invalidate the entire document or create legal challenges that delay estate administration.

Ensure your witnesses are present when you sign the codicil and that they sign in your presence and in each other's presence. Some states require witnesses to sign on the same day you sign, while others allow a reasonable time period. Document the signing ceremony with the date, time, and location to provide additional evidence of proper execution if questions arise later.

Contradicting existing will provisions

Codicils can inadvertently create conflicts with your original will if not carefully drafted. For example, if your will leaves your house to your daughter and your codicil gives the same house to your son without explicitly revoking the original bequest, the contradiction could lead to legal disputes and expensive litigation.

Review your entire will before drafting a codicil to identify any provisions that might conflict with your proposed changes. Use clear, unambiguous language that explicitly states what you're changing and whether you're adding to, modifying, or completely replacing existing provisions. Consider having an attorney review the codicil to ensure it integrates properly with your original will.

How LegalZoom can help with will updates and codicils

LegalZoom's experienced estate planning attorneys can help you determine whether a codicil or a new will better serves your needs. They will guide you through the decision-making process by analyzing your specific situation and the scope of changes you want to make.

If you decide to make an entirely new estate plan, we’ve got you covered as well. Our comprehensive estate plan services will help you set up protection for your legacy and give you peace of mind that your plan reflects your wishes.

Codicil to a will FAQs

Can a codicil remove a beneficiary from a will?

Yes, a codicil can remove a beneficiary from your will by explicitly revoking their bequest. The codicil must clearly state which beneficiary is being removed and what happens to their intended inheritance. For example, you might specify that the removed beneficiary's share should be distributed among remaining beneficiaries or added to the residuary estate. However, be aware that completely disinheriting a spouse or child may have legal implications depending on your state's laws regarding forced heirship or spousal elective shares.

Is a codicil to a will legally binding in all states?

A properly executed codicil is legally binding in all states, but the requirements for proper execution vary by jurisdiction. A codicil that's valid in one state may not meet another state's requirements. If you move to a different state after creating a codicil, have it reviewed by a local attorney to ensure it complies with your new state's laws. Most states will recognize codicils from other states if they were valid where executed, but confirming compliance provides additional security.

Do I need a lawyer to write a codicil?

While you're not legally required to use a lawyer to write a codicil, professional assistance is often advisable, especially for complex changes or if your estate is substantial. An attorney can ensure your codicil uses proper legal language, complies with state requirements, and doesn't create unintended conflicts with your original will. If your original will was prepared by an attorney, they can often prepare a codicil quickly and cost-effectively since they already have your information on file.

Can I use a codicil to change my executor?

Yes, a codicil is an effective way to change your executor, especially if this is the only modification you need to make to your will. The codicil should clearly state that you're removing the current executor and appointing a new one, including the new executor's full name and address. Consider also naming an alternate executor in case your first choice cannot serve. Remember to inform both the former and new executors about this change and ensure the new executor is willing and able to serve.

How many codicils can I add to a will?

There's no legal limit to the number of codicils you can add to a will, but practical considerations suggest restraint. Multiple codicils increase the complexity of your estate plan and the risk of contradictions or confusion. Most estate planning attorneys recommend creating a new will if you need more than two or three codicils, as this approach provides greater clarity and reduces the likelihood of legal challenges. 

Jane Haskins, Esq., contributed to this article.