Codicil

A codicil is a legal document that allows you to add to or alter specific parts of an existing will. Because this document holds legal significance, you’ll generally need to sign and have it witnessed in the same way you would a will—according to state laws.

That said, a codicil has the potential to introduce unwanted confusion, such as if it contains terms that conflict with the original will or gets separated. For that reason, you may want to reserve codicils for minor changes and consider creating a new will for major amendments. 

Ask an estate planning attorney if you’re unsure which is the best route for your circumstances.

How a codicil works

A codicil must follow the execution requirements that state law applies to wills and codicils. These requirements may include a written document, the testator’s signature, and witness signatures. Notarization requirements vary by state.

Once properly signed, the codicil should be kept with the original will. During probate, the court generally reads the documents together. If multiple valid codicils contain conflicting terms, a later provision generally controls to the extent of the conflict.

Common uses

Here are a few examples of how someone might use a codicil to change a will: 

• Updating beneficiary name: To update a beneficiary’s legal name after a wedding or divorce
• Changing an executor. If the originally named executor has died, become incapacitated, or is no longer suitable, a codicil can name a replacement.
• Adding or removing a beneficiary. A testator can update who receives property after a marriage, divorce, birth, death, or other life change. 
• Updating a specific bequest. If a named asset has been sold, a codicil can substitute a different asset or monetary equivalent.
• Changing a guardian designation. If the named guardian for minor children is no longer available or appropriate, a codicil can designate a new individual.

Key characteristics

A codicil is a dependent document. It has no legal effect on its own and must be read alongside the original will. If the original will is revoked or declared invalid, the codicil is generally invalid as well.

A codicil should clearly identify the will it amends, typically by naming the will’s execution date, and specify which provisions it modifies, adds, or revokes. Vague language in a codicil can create the same interpretive problems it aimed to resolve.

Codicil vs. new will

A codicil amends specific provisions while leaving the rest of the will intact. A new will replaces the prior will in its entirety, typically through a revocation clause that expressly voids all previous wills and codicils.

When changes are extensive, such as a complete redistribution of assets or a significant shift in the overall estate plan, drafting a new will is generally more appropriate. Multiple codicils can create confusion during probate and increase the risk of conflicting provisions.

Related terms

A codicil connects to several other estate planning roles and processes that determine how it takes effect.

• Last will and testament: A last will and testament is a legal document that states how a person wants their property managed and distributed after death.
• Testator: The individual who creates and executes the will and any subsequent codicils.
• Executor: The person named in a will or codicil to administer the estate, subject to court appointment.
• Probate: The court-supervised process through which a will and any codicils are validated, and the estate is distributed.
• Beneficiary: An individual or entity named to receive assets under a will, trust, life insurance policy, or IRA accounts.

FAQs about codicil

What is the difference between a codicil and an addendum?

Generally, a codicil is a type of addendum to a will. That said, an addendum is the term for something added to a legal document, whereas a codicil specifically refers to an amendment, addition, or alteration made to an existing will.

Does a codicil need to be notarized?

Requirements vary by state. A codicil generally must meet the same signing and witnessing requirements that apply to a will. Notarization may support a self-proving affidavit or satisfy a state-specific execution method, but it does not always replace required witnesses.

What happens to a codicil if the original will is revoked?

A codicil has no independent legal standing. If the underlying will is revoked or declared invalid, the codicil is generally void along with it.

Can a codicil be handwritten?

A handwritten codicil may be valid in states that recognize holographic wills, but in most jurisdictions the testator must still sign it in front of at least two witnesses who are not beneficiaries. An informal handwritten note that does not meet applicable legal requirements generally will not count as a valid amendment during probate.

Is there a limit to how many codicils a testator can add?

A person can create more than one codicil. However, several codicils can create conflicting terms and make the estate plan harder to understand. Creating a new will may provide a clearer option when the changes become extensive.