What is a codicil?
A codicil is a formal amendment to an existing will that changes part of it without rewriting the whole document.
A codicil is a formal amendment to an existing will.
Where the word "Codicil" comes from
Codicil comes from the Latin codicillus, a small codex or writing. It has been used for centuries to modify wills, and it must follow the same signing formalities as the will itself to be valid.
Why Codicil matters
It lets you make small changes, such as updating an executor or a specific gift, without redoing the entire will. When done correctly, it is efficient and cheaper than a full rewrite.
Common confusion about Codicil
A codicil is only valid if signed with the same formalities as a will, including witnesses. An unsigned note or a handwritten amendment that does not meet state requirements may be ignored, leaving the original will in effect, so the formality is not optional.
A real-world example of Codicil
A woman's will names her brother as executor, but he has since moved overseas. She signs a codicil naming her sister as executor instead, and the rest of the will remains unchanged.
A worked example of Codicil
A man's will leaves his coin collection to a nephew, but the nephew dies before him. The man signs a codicil giving the collection to the nephew's daughter instead. Because the codicil is signed and witnessed like a will, it is valid, and the executor distributes the collection accordingly. If the man had instead crossed out the gift in the margin of the original will, that informal change would likely be invalid, and the original gift would fail.
How Codicil works in practice
Use a codicil for simple changes, but consider a new will when changes are extensive, because multiple codicils can create contradictions that complicate probate. Sign the codicil with witnesses and keep it with the original will, and tell your executor where both documents are. Review the full plan after any codicil to ensure the pieces fit together. Keep the codicil physically attached to the original will or in the same envelope, because a separate document that cannot be found or connected to the will may be treated as revoked, and a stale codicil can quietly change a distribution the testator thought they had updated elsewhere.
Questions about Codicil
When should I use a codicil?
For minor updates like a new executor or small gift.
Does it need witnesses?
Yes, like a will, per state law.
Can a codicil conflict with the will?
If so, the later-signed document controls.