What Is a Will Codicil?

By Attorney Kelly Jesson

Sometimes circumstances change, and your will should change with them.  One way to update a will is through a codicil: a legal document that amends specific provisions without requiring you to rewrite the entire will.  Think of it as a supplement to an existing will. The original will stays in effect, but the codicil changes, adds, or removes specific terms.
People think a codicil is a quick, cost-effective fix for minor changes, but codicils are actually more difficult to draft than just redoing the will.  In order to ensure no ambiguity, the drafter of a codicil has to be very clear about what section of the original will is being replaced or supplemented.  Codicils are a frequent cause of litigation between beneficiaries. Furthermore, because a codicil is a testamentary document, it must be executed with the same formalities as a will. So if you’re going to go through the trouble of having your signature witnessed and notarized again, you might as well do a new will.

A codicil sometimes works for small, discrete changes. If you want to swap out a successor executor or add a specific bequest, it can work IF you work with the same attorney and have had no major life changes.  However, a codicil isn't the right tool if you’ve had a major life change, like marriage, divorce, moving to a new state, the birth of a child, or even the death of a beneficiary or fiduciary named in your will.  If you’ve had a major life change, a full review of your estate plan is warranted.  These events can affect not only who inherits, but also tax planning, guardianship provisions, and how your other estate planning documents (such as revocable trusts, powers of attorney, and beneficiary designations) work together.  If you start working with a new attorney, that new attorney is oftentimes going to start from scratch, both in gathering information and with drafting the document.

If you're amending several provisions, or making a significant change like restructuring how your estate is divided among beneficiaries, a new will is usually clearer than a codicil.  Further, if you already have one codicil in place, an attorney is likely to restate the will so that you do not have multiple codicils. Every codicil you attach increases the chance that provisions conflict with one another or with the original will, creating ambiguity for your executor and the probate court to sort out later.

If you do not want your beneficiaries to see the text of the original will (maybe you originally included a gift in there and you’ve since changed your mind), then you will want to restate the will completely instead of using a codicil.  Likewise, if there is a chance of a dispute between heirs, then you will not want to rely on a codicil.  A codicil can be easily detached from the original will and intentionally misplaced.

It's tempting to think of a codicil as a simple fix. But an improperly executed codicil, or one that creates ambiguity about which provisions of the original will survive, can create serious problems during probate.  If it's been a few years since you reviewed your estate plan, or if life has changed since you last signed your will, give Jesson & Rains a call!  Now is a good time to have it reviewed to determine whether a codicil or a new will is the right path forward.