What Is a Codicil to a Will?
A codicil to a will is a legally binding document that lets you update the terms of your last will. It’s often referred to as an amendment to a will or an addendum to a will.
Only the testator, the creator of the original will, can use a codicil. If you are the testator, you can write a codicil to prevent the need to rewrite a completely new will.
A codicil to a will must follow the same execution requirements as the original last will. Depending on your state, you may need to sign as the principal and acquire the signatures of disinterested witnesses.
When to Write a Codicil vs. When to Write a New Will
A codicil to a will form is useful when you need to supplement your original will. It can be used to:
- Update beneficiaries
- Change the executor
- Fix small spelling mistakes
- Change legal guardians for current minor children
- Add special wishes for your funeral
- Add a pet provision
You may use a codicil form for minor changes or updates that don’t reflect the entire will. However, some changes are too major for just a codicil. If your life circumstances change greatly, you may need to write a whole new will. Here are some instances when it’s a good idea to write a new will:
- Your entire will contains outdated legal language.
- You are going through a divorce or remarriage.
- You are reorganizing a blended family.
- You and your partner welcome a new child.
- You have a considerable change in assets (such as an inheritance).
- You want to relocate to a new state (as state laws differ in asset distribution).
- You want to make multiple updates (having multiple codicils can become confusing).
Whether you can use a codicil or need to write a new will isn’t always clear-cut. Some people can account for asset redistribution or the addition of newly acquired assets with just a codicil. Others may face more complex situations and would benefit from creating a new will.
If you aren’t sure whether to use a codicil or write a new will, consult with an estate planning attorney for guidance.
Can You Add a Codicil to a Will Yourself?
Yes, you can add a codicil to a will yourself, especially for simple updates, amendments, and addenda. For it to be valid, you must explicitly state the intended change. Avoid ambiguous phrasing and multiple codicils, as they can make your intentions unclear and your document unenforceable.
When writing and adding a codicil yourself, you must execute it properly. This includes signing it as the principal, getting it notarized, and seeking the signatures of witnesses. Ensure that you follow your state’s exact requirements. Many states require the witnesses to be disinterested, but some permit interested witnesses. However, it’s good practice to have only disinterested witnesses to avoid future issues with the acceptance of the will.
In some cases, you may consider hiring an attorney to add a codicil to your will. Here are some situations where legal assistance may be helpful:
- Your will is over 10 years old and contains outdated legal language.
- You need to make multiple changes to your original will.
- You want to ensure document security.
- Your estate is highly complex.
If you’re unsure, consult an attorney. They can advise you on whether you can complete the codicil yourself. If they determine that your situation is too complicated for a DIY codicil, they can help you add an amendment or addendum to your last will.
How to Write a Codicil to a Will
A codicil to a will should clearly communicate the updates you want to make to your last will. This document should reference your current will, summarize the change, and fulfill the proper execution requirements. Here’s how to amend a will with a codicil:
Step 1 – Review Your Current Will
Review your existing last will and testament to ensure it reflects your current wishes. Consider whether your financial situation, family dynamics, and life goals have changed enough to require an update. For example, if one of your beneficiaries has passed away, you may want to name a new one to ensure that your assets go where you want them to when you die.
Estate Planning Resources
As you review your current will, you can also study our estate planning checklist to see what other documents can support your estate planning goals. Other resources you can explore include the following:
Step 2 – Provide Details About the Testator and the Original Will
Start writing your codicil by recording details about yourself, as the testator, and the original will. List the date you wrote the original will so it’s clear what document the codicil applies to.
Step 3 – Draft the Codicil
Once you give context about which last will the codicil will apply to, you can begin drafting your amendment. Legal Templates’s questionnaire guides you through each change you need to make. Our template for a codicil to will offers options for the following changes:
- Changing the executor
- Deleting a section
- Adding a section
- Modifying a section
- Inserting additional provisions
Make your changes precise and straightforward. Vague or poorly worded codicils can trigger legal disputes or delay probate. You may even risk having the original will enforced instead of your updated wishes, so be as clear as possible.
Can I Make a Handwritten Codicil?
It depends on whether your jurisdiction allows handwritten changes to last wills. Some jurisdictions may permit them, but you should still exercise caution.
Handwritten codicils may result in accusations of fraud or lack of capacity. Multiple handwritten notes can also be difficult for courts to interpret. In most cases, it’s ideal to create a typed codicil. Avoid crossing out words or writing in the margins of your original will when possible.
Step 4 – Execute the Codicil
Once you draft your codicil, ensure to sign the new changes into effect while meeting witness requirements. Codicil signing requirements are the same as the last will signing requirements.
Most states require at least two disinterested witnesses to be present while you sign your codicil as the testator, but you should confirm the requirements in your jurisdiction.
An optional step is to add a self-proving affidavit to your codicil. A self-proving affidavit proves that the testator and witnesses signed the codicil of their own free will. It helps streamline the probate process by allowing the court to accept the codicil without needing the witnesses to testify in person.
Does a Codicil Have to Be Notarized?
Codicils generally do not need to be notarized. However, it’s highly recommended to seek notary acknowledgment for them, especially if a self-proving affidavit is attached. Notarization further proves that the signing and witnessing took place without coercion and increases the document’s validity.
Step 5 – Store the Codicil Form With Your Original Will
If you’re wondering how to add a codicil to a will, the process is simple. Once you finish writing your amendment or addendum, simply attach it to your original will. This way, it’s clear that the documents are intended to be read together and that the codicil represents your most recent wishes.
Here are some tips to ensure that your codicil and your last will remain a cohesive package:
- Physically secure the documents using a staple or heavy-duty paperclip. Ideally, the codicil will sit directly behind the last page of the original will.
- Store the original will and the signed codicil in a single, clearly labeled “Last Will and Testament” envelope.
- Don’t use white-out or cross out sections of the original will. Let the codicil stand as its own document, referencing the specific articles you wish to change.
- Ensure all parties who received a copy of your original will also receive a copy of the codicil.
Sample Codicil to a Will
View our sample codicil to a will template to see how to structure your updates to your last will. Then create your own using Legal Templates’s guided form. When you’re done, your free printable codicil to will form will be ready to download as a PDF or Word file.
