An addendum to a will is called a codicil, and it is a separate written document that changes specific parts of your existing will while leaving the rest in place. You sign and witness it with the same formalities as the will itself, and the two documents are read together as one instrument. A codicil is useful for small, targeted updates. For anything structural, a new will is usually the safer choice.
What a Codicil Can Change
Codicils work best for discrete edits to specific provisions. Common examples include:
- Replacing an executor who has died, moved, or become unable to serve.
- Adding or removing a specific bequest, such as leaving a piece of jewelry to a grandchild born after the original will was signed.
- Redirecting a cash gift from one beneficiary to another.
- Updating the guardian named for minor children.
- Correcting a beneficiary’s legal name.
One consequence catches people off guard. Signing a codicil “republishes” the original will as of the codicil’s date, and courts treat the will and codicil as a single instrument speaking from that later date. If the law changed between the two signings, the newer law may now apply to the entire will. When that outcome is not what you want, a new will is a cleaner path than a codicil.
Legal Requirements for a Valid Codicil
A codicil has to meet the same formalities as the will it amends. The specifics vary by state, but the core elements are consistent.1Justia. Wills Legal Forms 50-State Survey
- It must be in writing. Oral amendments to a will are not recognized.
- You must have mental capacity: understanding your property, your beneficiaries, and what the codicil does. This is the same “sound mind” standard required for a will.
- You must sign it yourself, or direct someone to sign it in your presence.
- Nearly every state requires at least two witnesses to watch you sign (or acknowledge your signature) and then sign the codicil themselves.
Don’t Use a Beneficiary as a Witness
Your witnesses should not be people who stand to inherit under the will or the codicil. A slim majority of states have “purging statutes” that void the gift to any witness who is also a beneficiary. The codicil stays valid in those states, but the witness-beneficiary loses what they were supposed to receive. A smaller group of states, following the Uniform Probate Code, allow interested witnesses without penalty. Because the result depends on where you live, the safe practice everywhere is to pick two witnesses with nothing to gain from your estate.
Add a Self-Proving Affidavit if You Can
Most states let you attach a self-proving affidavit to a codicil. It is a sworn statement, signed by you and your witnesses in front of a notary, confirming that the signing followed the right procedures. The affidavit means your witnesses won’t have to appear in probate court years later to verify the codicil. A few jurisdictions, including the District of Columbia, Maryland, Ohio, and Vermont, do not recognize self-proving affidavits.2Legal Information Institute. Self-Proving Will
Handwritten Codicils Are Risky
Roughly half the states recognize holographic wills, which are handwritten and signed by the testator and need no witnesses. Where allowed, a holographic codicil follows the same rules: the material terms must be in your handwriting, and you must sign it. If your state does not recognize holographic wills, a handwritten codicil without witnesses is invalid no matter how clearly it states your intentions. When in doubt, use witnesses.
How to Draft and Sign One
Start with identifying information: your full legal name, current address, and the exact date your original will was signed. State clearly that the document is a codicil to that specific will.
Then pinpoint each provision you are changing. Reference the specific article, section, or paragraph number in your original will, describe what the current language says, and set out the new language. If you are naming a new person, such as a replacement executor or a new beneficiary, include their full legal name and address. Close with a statement reaffirming that every provision of the original will not modified by this codicil remains in effect.
For the signing itself, gather your witnesses and, if you want a self-proving affidavit, a notary. Initial every page, not just the signature page, so no one can later claim pages were swapped. Your witnesses should know that a court may someday ask them to confirm they were present and believed you were acting freely and with a clear mind.
Store It With the Will
Keep the original codicil physically with the original will. Separation is the single most common way codicils fail. If the codicil is detached and misplaced, the probate court will administer your estate using only the original will, as though the codicil never existed.
Proving a lost codicil is possible, but it requires clear and convincing evidence of what the document said and how it was lost. That usually means producing a copy and affidavits from the signing witnesses, and if family members dispute the codicil, the process can turn into a full court fight. Staple or clip the codicil to the will, and tell your executor where both documents are kept.
When a New Will Makes More Sense
A codicil is efficient for one or two small changes. Past that, the math shifts toward writing a new will. Stacked codicils create a patchwork of amendments that can contradict the original will or each other. Each one is a separate document that must be independently executed and witnessed, which multiplies the chances of a procedural error. If a probate court cannot reconcile the provisions, assets may be distributed in ways you never intended, or beneficiaries may file challenges that drain the estate.
Write a new will instead when:
- You have already added one codicil and need further changes. Two or more codicils on a single will is where confusion starts compounding.
- The changes are structural, like overhauling how property is divided or creating a testamentary trust.
- You have gone through a divorce. Nearly every state automatically revokes will provisions that benefit a former spouse once a divorce is finalized, treating the ex-spouse as though they predeceased you. The remaining provisions stay intact, which can produce unintended gaps.
- Your original will uses outdated language or was drafted under laws that have since changed, since republication could pull the whole will under newer statutes you haven’t accounted for.
How to Revoke a Codicil
You can revoke a codicil in three ways. The cleanest is to execute a new codicil or a new will that expressly states it revokes all prior codicils. Second, you can physically destroy the codicil by tearing, burning, or shredding it with the intent to revoke; if someone else destroys it at your direction, they have to do so in your conscious presence. Third, executing a new will that makes a complete disposition of your estate is generally presumed to replace rather than supplement the old will, which revokes any attached codicils by implication.
Think through what the will looks like after the codicil is gone. Revoking a codicil does not revive what the codicil changed in any practical sense you can rely on without checking. If your codicil replaced Executor A with Executor B and you revoke the codicil, the original will’s provision naming Executor A springs back into effect. If Executor A has since died or become unavailable, you now have a gap.
Electronic Codicils
A growing number of states authorize electronic wills, and in several of those states the statute covers codicils as well. Arizona, Colorado, the District of Columbia, Florida, Illinois, Indiana, Nevada, North Dakota, and Utah have enacted some form of electronic wills legislation.3Legal Information Institute. Electronic Wills: State Legislation The specific requirements, including whether remote notarization is accepted and what counts as an electronic signature, vary by state. If your original will was signed on paper, mixing formats by adding an electronic codicil can create complications. Check your state’s rules or work with an attorney before taking that route.