Codicil
A legal document that amends, supplements, or partially revokes an existing will without replacing it entirely, executed with the same formalities as the original will.
What Is a Codicil?
A codicil is a written amendment to a previously executed will. It allows a testator to update their estate plan for relatively minor changes — changing an executor, adjusting a specific bequest, adding a newly born grandchild — without rewriting the entire will. To be valid, a codicil must be executed with the same legal formalities as the original will, generally including signature by the testator and attestation by the required number of witnesses.
Common Reasons to Use a Codicil
- Naming a new executor or guardian after a change in circumstances - Adjusting a specific bequest because a designated asset has been sold - Adding a charitable gift or modifying a charitable beneficiary - Reflecting a change in family circumstances (marriage, divorce, new child) - Correcting a clerical error in the original will - Updating addresses or other identifying information
When a New Will Is Better
For substantial changes, attorneys generally recommend drafting a new will rather than using multiple codicils. Each codicil creates an additional document that must be located, authenticated, and harmonized with the original will at probate. Multiple inconsistent codicils invite confusion and litigation among heirs. Modern word processing has largely eliminated the cost savings that historically justified codicils. A new will should explicitly revoke all prior wills and codicils to avoid ambiguity.