- What Is a Codicil to a Will?
- When Should You Use a Codicil Instead of Writing a New Will?
- How to Write a Codicil to a Will
- Codicil to Will Sample
- Does a Codicil to a Will Need to Be Notarized?
- Can I Write My Own Codicil, or Do I Need a Lawyer?
- Get Started Now With a Legal Codicil Template
- Frequently Asked Questions
What Is a Codicil to a Will?
A codicil to a will is an official amendment to a living will or last will and testament, which outlines how your personal property and other details of your life will be managed upon your death. As a legal document, a codicil to a will allows for minor updates to an existing will without the expense and time associated with writing a new one. You often don’t need to hire an estate attorney. You can write a legally binding codicil yourself using Legal Template’s will codicil form document editor.
When Should You Use a Codicil Instead of Writing a New Will?
The need to name a new estate executor, add or remove beneficiaries, correct errors in an existing will, or name new legal guardians for minor children are all common reasons to use a codicil rather than writing a new will.
Sometimes rewriting a will is more appropriate than amending the existing one. If you’ve recently experienced a major life event such as remarriage, divorce, the birth or adoption of a child, or a major redistribution of assets, consider writing a new will, especially when a codicil would not appropriately or easily address these changes.
Codicil vs. New Will
If you’re still unsure which option is best for you, consider the reasons you need to make changes:
- Use a codicil when you need to make a single change and the change is minor in nature.
- Write a new will if you have multiple changes or the existing will is outdated or no longer reflects your wishes.
Reason for Change | Codicil or New Will? |
---|---|
Updating beneficiary details | Codicil |
Changing the executor | Codicil |
Adjusting asset distribution | Codicil |
Fixing errors or clarifying terms | Codicil |
Changing legal guardians for current minor children | Codicil |
Adding newly acquired assets | New Will |
Naming a guardian for a new minor child | New Will |
Removing outdated legal language | New Will |
Ensuring the will reflects your current wishes | New Will |
Divorce or remarriage affecting minor children | New Will |
How to Write a Codicil to a Will
You can write your own legally binding codicil, but state laws vary. Ensure your codicil follows your state’s rules. If you use a template to create a codicil to a will, select one specific to the state in which you reside, such as the one offered by Legal Templates. Follow the steps below to start writing your codicil, or simply select your state from the dropdown menu to begin customizing a codicil template to meet your needs.
Don’t make handwritten changes to your will—some states don’t recognize them, and they can lead to legal disputes.
1. Review Your Current Will
Read through your current will and determine what changes you want to make. For example, if the executor of your original will is now deceased or has moved away, you will want to name a new executor to handle your estate.
2. Identify What Needs to Change
Clearly state your intentions in regard to any resolutions you plan to alter, add, or remove. For example, if your sister and brother-in-law were named the legal guardians of your minor children but have since divorced, clarify that you want to remove your sister’s former spouse from the original will.
3. Draft the Codicil
Clearly state that this document is a codicil to your existing will, reference the originalwill’ss date, and specify the changes. Use clear, precise language to avoid confusion. Legal Templates’ document editor offers step-by-step guidance to help you draft and finalize your codicil with ease.
4. Sign With Witnesses
Check state laws on witness requirements. Most states require at least one witness (not a beneficiary), while some also require notarization.
5. Store the Codicil With Your Original Will
Store the codicil with your will so your executor can easily follow your updates.
Codicil to Will Sample
Below, you can view a codicil to will sample. You can customize this template using Legal Templates’ document editor and then download it in PDF or Word format.
Does a Codicil to a Will Need to Be Notarized?
Most states don’t require a notary for a codicil. Louisiana is an exception, where state law requires notarization for codicils to be considered legally binding. Most states necessitate the presence of at least one witness who must sign off on a codicil, attesting to the authenticity of the document. In most states, codicils must be signed in the presence of the same number of witnesses as the will itself.
Can I Write My Own Codicil, or Do I Need a Lawyer?
A do-it-yourself codicil can be valid if it’s clearly written, properly signed, and follows state laws. However, in some cases, working with a lawyer can help prevent mistakes and legal issues.
Consider hiring an attorney if:
- Your will is more than 10 years old—laws change, and your will may no longer be up to date
- You need to make multiple changes—too many codicils can lead to confusion or contradictions
- You want to ensure document security—lawyers keep records, reducing the risk of losing important documents
- Your estate is complex—many beneficiaries, tax considerations, or high-value assets may require professional guidance
If you’re making frequent updates, a new will may be a better option. Consulting an estate planning attorney can help ensure everything is legally sound and aligned with your current wishes.
If you need help writing a new will, follow our 5-step guide to writing a will.
Get Started Now With a Legal Codicil Template
Legal Templates makes it easy to create a codicil that aligns with your state’s legal requirements. Our document editor guides you through the process, helping you draft a legally valid update to your will without unnecessary complexity or high legal fees.
With step-by-step instructions and built-in customization, you can ensure your codicil reflects your wishes while following the proper legal formalities. Once completed, you can edit, download, and print your document at your convenience.
Frequently Asked Questions
How many codicils can you have?
You can have as many codicils as you want. However, having more than one amendment to a will risks confusion for individuals tasked with handling your estate in the future. For multiple changes to an existing will and to avoid drafting codicils that contradict one another, consider having the will rewritten from scratch.
Where should I store my codicil?
A codicil to a will should be stored in the same location as the original will document, your living will and power of attorney. You may choose to keep estate planning documents at an attorney’s office, in a bank-safe deposit box, or in your house.
How much does a codicil to a will cost?
The cost of drafting a codicil to a will depends on whether an attorney is involved in the process. An estate planning attorney may charge a few to several hundred dollars to write a codicil, depending on the complexity of the document. If you use an online codicil to a will template, the cost is usually much lower or even free.
Can a codicil change the executor of a will?
Naming a new executor is a common reason for drafting a codicil to a will. Relationships and life circumstances change. Whether your previous executor no longer wants the responsibility, is currently unable to serve, or the two of you have simply drifted apart, choose a new executor you can count on to carry out your intentions.
What is the difference between a codicil and an amendment to a will?
There isn’t a difference between a codicil and an amendment to a will. The two terms are used interchangeably to describe the same function. A codicil is an amendment to a will’s original intentions.