Codicil to a Will: Definition, Requirements, and Validity

A codicil is a legal document that revokes, amends or modifies part or all of a will without replacing the existing will. It allows people to make changes to the will without writing a new will. It ensures your will is up-to-date.  Codicils are important as they are a great way to avoid writing an entire will when you want to make changes to an existing one. 

What is a Codicil to a Last Will and Testament?

A codicil to a last will and testament supplements an existing will. It changes, modifies, and revokes a last will and testament.

When to Use a Codicil for Will

You can make or use a codicil when: 

1. Adding other beneficiaries to your will as your family grows.
2. Removing beneficiaries because of death or estrangement.
3. Adding new assets will be added to the will because of the acquisition of other assets.
4. Removing assets from the will that you have sold.
5. Making changes to bequests because of a marriage, divorce, separation, or change of name.
6. Adding an executor.
7. Changing a guardian to your minor.
8. Adjusting cash gifts to reflect inflation.
9. Enactment of new laws. 

What Makes a Codicil Legally Binding?

Depending on the state laws, the formal legal requirements of a valid codicil may vary. However, a valid will is one which:

1. A testator of sound mind makes.
2. The testator’s wishes are adequately documented.
3. The testator signs the codicil.
4. Competent witnesses witness the signing of the codicil. 

To ensure your codicil is valid, consult LegalPen, an online will writing company, or an estate planning attorney in your state.

How Do You Add a Codicil to an Existing Will?

You add a codicil to an existing will by creating a codicil, signing the codicil in the presence of two competent witnesses, and dating the codicil. To ensure that the codicil is associated with an existing will, reference the existing will in the codicil. Additionally, store the will and the codicil together in a secure place, like a safe deposit box or with an attorney, to ensure they are not lost or damaged. 

What Signatures Do You Use for a Codicil?

The signature used in a codicil is the testator’s signature, similar to the one used in signing the existing will. The signatures of two credible witnesses should be included in the codicil to attestation of the codicil’s signing by the testator. 

Who Needs to Witness a Codicil to a Will?

Two adults of sound mind should be witnesses to a codicil. The witnesses can be those who witnessed the will or completely new persons. The requirement for one to be a witness should be that they are credible. 

What is the Difference Between a Codicil and an Addendum? 

A codicil and an addendum are documents used to make changes to legal documents. A codicil specifically makes changes and additions to an existing will, whereas an addendum is a supplementary document that adds information or details to the original documents, usually contracts, agreements, or reports. 

How to Write a Codicil in 8 Steps

The following are the steps to write a codicil:

1. Go through your existing will to ascertain what is contained in the will.
2. Take note of the changes you want to make to the will.
3. Read through your state’s existing laws to determine what the law says about making a codicil. You may consult LegalPen on the laws applicable to your estate.
4. Hire LegalPen or an estate planning attorney to draft the codicil. Include your name, address, and date in the codicil.
5. Expressly state in the codicil that it is a codicil to your existing will and supplements your existing will, and clearly and precisely state which parts of your will the codicil seeks to amend, change, or revoke. 
6. Expressly state you are an adult of sound mind and that the codicil has been made freely and voluntarily. 
7. Sign the codicil in the presence of witnesses.
8. Store your codicil in a safe, secure place where your executor can access it. 

What is the Purpose of a Codicil?

Depending on the needs of the testator, a codicil does the following:

1. Allows the maker of the will to make changes, ensuring the will is up-to-date and aligned.
2. Clarifies ambiguities by providing additional details or explanations to resolve any unclear or ambiguous provisions in the original will. 
3. Explicitly revokes other previous codicils to ensure only the most recent amendments are valid.
4. Ensures compliance with the law and life changes such as marriage, death, divorce, or separation. 

Can a Codicil Remove a Beneficiary?

Yes, a codicil can remove a beneficiary from your will. For example, if you included your brother as a beneficiary under your will and you became estranged, you can use a codicil to remove them as a beneficiary. You can draft a clause in a codicil as follows:

“I hereby revoke and cancel any and all provisions in my Last Will and Testament that name John Jill, my brother, as a beneficiary or inheritor of Unit Number 07 in Escada Apartments, New York. As of this codicil’s date, John Jill shall no longer have any claim or right to Unit Number 07 or any part of my estate.”

Will a Codicil Change the Executor?

Yes, a codicil can change the executor. In case you lose trust in an existing executor or the executor you appointed dies, you can change the executor by drafting a codicil that removes them as the executor. In the codicil, you can appoint another executor. 

Can I Have Multiple Codicils to My Will?

Yes, you can have multiple codicils to your will. However, we discourage having multiple codicils, which may lead to confusion and multiplicity. Instead of multiple codicils, you should consider creating a new will. 

Should I Add a Codicil, or Rewrite My Will?

Depending on the changes you want to make to your will, you may either add a codicil or rewrite a will. When making minor changes to a will, you should consider a codicil. Minor changes include: adding an executor, removing a beneficiary, removing an asset, adding an asset, or adding a beneficiary. You can make a codicil. Consider writing a new will when making major and significant changes to your will. 

How a Codicil Can Benefit You

When you want to change your will, such as adding a clause, removing a clause, clarifying a provision in the will, or revoking a provision under a will, a codicil can benefit you. Instead of going through the rigorous process of writing a new will, a codicil comes in handy. Moreover, writing an addendum costs less than writing a will.

When Should I Use a Codicil Instead of a Will?

You should use a codicil when making minor changes to a will, such as deleting clauses, beneficiaries, assets, or an executor or adding information in the will, but by using a codicil.

Can a Codicil Validate a Will?

No, a codicil cannot validate a will. A will and a codicil are mutually exclusive documents. For a will to be valid, it has to meet the legal requirements of a valid will. For a codicil to be considered valid, it has to meet the requirements of a valid codicil. 

What Invalidates a Codicil?

A codicil can be invalidated by:

1. Lack of the testator’s testamentary capacity.
2. When the execution and witnessing formalities are not followed.
3. When the codicil is made under undue influence, someone coerced or manipulated the testator to create or alter a will.
4. When the codicil was created or altered under fraudulent circumstances.
5. When the codicil references an old or an incorrect will.

Can I Hand Write a Codicil to My Will?

Yes, you handwrite a codicil to your will if your will was handwritten. However, it is recommended that if you have a typed will, your codicil should be typed, printed, executed, and witnessed in the same manner as your original will and codicil. 

Are Handwritten Codicils Legal in NC?

Yes, handwritten codicils are legal in North Carolina. For a handwritten codicil to be valid in North Carolina, it has to be written in the testator’s handwriting and be signed by the testator in the presence of two competent witnesses.

Can I Download a Codicil Form?

Yes, you can download a codicil form. However, it may be considered invalid. A codicil may be regarded as invalid because it does not meet the legal requirements provided by the state. Instead of downloading a codicil form, consider hiring LegalPen to write a valid one on your behalf in your state. 

Is a Trust a Codicil to a Will?

No, a trust is not a codicil to a will. A will is a legal document that provides for the distribution of the property and assets of the deceased upon their death, whereas a trust is a legal structure that provides for the transfer of assets from the grantor to a trustee and eventually to beneficiaries. Trusts govern the management of assets, distribution to beneficiaries, and disposition of the assets. 

What is an Example of a Codicil?

The following is an example of a codicil:

“I, Roe McKinsey, residing at Las Vegas, Nevada, being an adult of sound mind and memory, do hereby make, publish, and declare this to be a Codicil to my Last Will and Testament dated 12th May 2021.

• Appointment of Executor

I hereby revoke the appointment of Marie Gladwell as the executor of my estate as specified in my Last Will and Testament.

• Appointment of New Executor

I hereby appoint Jerry Graham, residing at Manila House, Nevada, to serve as the executor of my estate in the place of Marie Gladwell. Jerry Graham shall have all the powers and duties set forth in my Last Will and Testament as if he had originally been named Executor.

• Confirmation of Other Provisions

Except as modified by this codicil, all other provisions of my Last Will and Testament remain in full force and effect.

• Execution

In witness whereof, I have hereunto set my hand and seal this 15th day of September 2023.”

What is Probate Codicil?

A probate codicil is a legal document that amends and modifies an existing will. It changes a will without necessarily creating a new one. It makes changes such as; change of beneficiaries, change of executor, change of property, and correction of errors in your existing will. 

Can a Will Be Destroyed After a Codicil is Written?

Yes, a will can be destroyed after a codicil is written if the codicil is intended to revoke the existing will. One way of revoking a will is to create a codicil that expressly revokes an existing will. The destruction of the will must be intentional and must be done to actually revoke the will. 

Is a Copy of a Codicil Valid?

No, a copy of a codicil is not considered valid. For a codicil to be considered valid, it needs to be the original document that complies with the legal requirements of the state in which it is executed. It must be adequately signed by the testator and witnessed appropriately. 

Can I Add a Codicil to My Will Myself?

Yes, you can add a codicil to yourself. However, to ensure the validity and enforcement of the codicil, we recommend you hire LegalPen to draft a valid codicil on your behalf. LegalPen is an online will-writing company that drafts valid wills and codicils on behalf of clients from all the states of the U.S. 

Does a Codicil Have to be Notarized?

No, a codicil does not need to be notarized. Signing and witnessing the codicil are considered sufficient to make a codicil valid. However, if you want the make the self-proving, you may sign a self-proving affidavit in the presence of a public notary to notarize the codicil. 

Can I Make Handwritten Edits to My Will?

When your will is handwritten, you may make handwritten changes to the will. When you make handwritten changes to a will, you should sign the codicil against the changes made. The signing of the will must be witnessed. However, you must use a typed codicil in instances where the will is typed. 

How to Update a Will Without a Lawyer?

Yes, you can make updates to your will without a lawyer. You can hire LegalPen to help you create a valid codicil, or you can create a codicil yourself, sign it, and witness it in the presence of two competent witnesses. The cost of updating a will at LegalPen is relatively affordable. 

Why Would a Judge Overrule a Codicil?

A judge might overrule a codicil because the testator lacked testamentary capacity in making the codicil, the codicil was improperly executed, the codicil was made under duress or undue influence, or a subsequent will or codicil revoked the codicil.