Codicil
What Is a Codicil?
A codicil is a legal document used to modify, amend, or supplement an existing will without replacing the entire will. It allows the person who created the will, known as the testator, to make changes while keeping the original document largely intact.
Codicils must typically meet the same legal requirements as a will, including being signed and witnessed according to state laws.
Why It Matters
A codicil allows individuals to update their estate plans when circumstances change, such as adding or removing beneficiaries, appointing a new executor, or modifying asset distribution instructions.
Using a codicil can simplify updates to a will while preserving the rest of the estate plan.
How a Codicil Works
A codicil references the original will and specifies which provisions should be modified.
Common updates made through codicils include:
- changing beneficiaries
- updating executor appointments
- revising specific bequests
- correcting errors in the original will
Once properly executed, the codicil becomes legally part of the will.
Example
A person updates their will through a codicil to change the executor after the originally named individual is no longer able to serve.
Codicil vs New Will
- A codicil modifies an existing will.
- A new will replaces and revokes the previous will entirely.
FAQs About Codicils
Does a codicil require witnesses?
Yes. Most jurisdictions require the same formalities as a will.
Can multiple codicils exist for one will?
Yes. However, too many codicils may create confusion.
When should a new will be created instead of a codicil?
Major changes to estate plans often justify creating a new will.
Related Terms
