What is a codicil to a will?

Sometimes, a person needs to make a minor change to their will without rewriting the entire document. That’s where a codicil comes in.

If you’re planning to use a codicil, it’s important to get it right, otherwise the update may not be considered valid.

What is a codicil?

A codicil is a legal document used to make minor changes to an existing will, saving you from having to rewrite the whole thing for small updates.

To be legally valid, a codicil must be signed in front of two witnesses in the same way as a will. Once completed, it’s attached to the original will. You can create as many codicils as you like, but for significant changes, writing a new will is usually the better option.

Codicils are much less common than they used to be. They date from an era when amending a will meant copying the whole thing out by hand. Now that a new will can be produced in minutes, most people are better off starting fresh.

What changes can I make with a codicil?

Common updates made through a codicil include:

• Replacing or adding an executor. If your original executor is no longer available or appropriate, a codicil can name a replacement or add a co-executor.

• Updating beneficiaries. You can add new beneficiaries, remove existing ones, or update contingent beneficiaries.

• Changing gifts to a beneficiary. You can add, remove, or modify the assets being left to specific people.

• Updating guardianship wishes. If a named guardian is no longer available or suitable, you can name a replacement.

• Adding instructions for pets. If you’ve acquired a pet since writing your will, a codicil lets you say who should take them and include instructions for their care.

How to write a codicil

There's no single required format for a codicil, but certain elements must be included for it to be binding. Follow these steps:

1. Clearly identify the document as a codicil to your will, and include the date of the will you’re amending. Courts have thrown out codicils that did not identify the will clearly enough.

2. Include identifying information such as your full legal name and address, a declaration that you’re of sound mind and acting freely, and the date of the codicil.

3. Specify what you’re changing. Using clause numbers where possible, identify the parts of your will being amended or removed. Be precise. If you’re changing a beneficiary, executor, or guardian, name both the person being replaced and their replacement using full legal names.

4. Be specific about any changes to gifts. Clearly state the amount or percentage a beneficiary will receive, and describe any property or assets thoroughly.

5. Acknowledge that the codicil supersedes the relevant parts of your original will, while confirming that everything else in the will remains intact.

6. Sign the codicil in front of two witnesses, following the same formalities as a will. Witnesses must be present when you sign, must be adults of sound mind, and should not be named in your will. They don’t have to be the same people who witnessed your original will.

7. Attach the codicil to your will and store both documents together in a safe place. Make sure your executor knows where to find them.

One thing peoplw don't expect

In most states, signing a codicil re-dates your whole will. The law reads the will and the codicil together as a single document, dated the day you sign the codicil. Usually that changes nothing. It matters where your will describes people by their relationship to you rather than by name, since phrases like "my spouse" or "my grandchildren" are then read as at the newer date.

Common problems with codicils

A few pitfalls can render a codicil invalid, or create an expensive argument:

• Vague language. Be as clear and specific as possible. Ambiguous wording can create confusion or be challenged in court.

• Incorrect or missing dates. Double-check all dates, and never leave the codicil undated. Without a date, nobody can tell which document came last.

• Lost documents. Because a codicil is a separate document, there’s a risk it could become separated from the will. Always store them together.

• A codicil that makes big changes to an older will. If a lot has changed since the original will was written, and the codicil moves significant money around, a court may look at it more closely.

• Significant changes generally. The more a codicil rearranges, the more room there is for it to contradict the will it is amending.

Is it better to use a codicil or write a new will?

For most people, a new will. A codicil still has to be signed and witnessed exactly like a will, so it saves no effort, and it leaves you with two documents to keep together instead of one.

A codicil works well for a single, tidy change to a recent will, such as swapping one named executor for another. For anything broader, a new will is the safer and cleaner option.

Taking the next step

You can write or update your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.

The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.