Your Guide to Codicils: Updating Your Will

Creating a Will is an essential part of planning for the future. However, change happens – marriage, divorce, children –  so your Will should be updated to reflect that. This is where codicils come in.

Codicils are changes or additions made to a last Will and Testament to update it without changing the original document. While they offer a convenient solution, there are some things you should know before adding codicils to wills. Most importantly, they must be executed properly in order for them to be legally valid, and that a codicil might not be the right solution for your unique situation.

What is a Codicil?

A codicil is a legal document used to make amendments to an existing Will. A codicil can be an easy way to add provisions or make small changes to your existing wishes. For example, someone may want to add a codicil if they wish to change who their executor is, or their beneficiary structure.

Key Information in a Codicil

Creating a codicil requires several special elements:

• Codicil should state its purpose: Your codicil should state that it is an amendment to your Will and must acknowledge the original document without changing any of its words.
• Personal Information: The names and details of any additional parties named in the codicil. 
• Free of contradictions: Changes made by the codicil must not contradict each other or any previously-stated wishes in your original Will.
• Signatures and Witnesses: When you are satisfied with the changes, you’ll need to sign and date the codicil, in front of two witnesses and have those same individuals sign as well. 
• Notarization and Affidavit of Execution: One of the witnesses present at the signing of your codicil must also complete and notarize an Affidavit of Execution – this can be done online with NotaryPro! 

After these steps have been taken, the codicil becomes part of your Will and is ready to be used for probate.

Can You Have Multiple Codicils?

Yes, you can have multiple codicils to a Will especially if they are being used to make multiple small changes over a period of time. For example, if you wanted to add multiple additional beneficiaries to your Will without completely rewriting your Will, using multiple codicils may be a solution for you.

Can You Revoke or Amend a Codicil?

You may decide that a certain codicil is no longer necessary or realize that you need to make changes to it. To do this, you must submit a new document that explicitly states that any and all details included in the codicil are revoked. This document should also include language indicating that any previously-stated wishes remain unchanged by your revocation of the codicil.

If you would rather amend the codicil rather than revoking it, then refer back to the original Will when revising the contents of the codicil. Make sure that all information is up-to-date and logically organized. Making changes or amendments to existing codicils can quickly become complicated, and it’s best to consult with an estate planning lawyer for your particular situation. 

When Should You Write a New Will Instead of a Codicil

Writing a brand new Will ensures that all your wishes are included and that relevant information is up-to-date. Creating a new Will also allows for more flexibility than just changing existing information with a codicil. Additionally, it makes sure that there isn’t any conflicting language present in your Will if it needs to go to probate court.

When Do You Need a Codicil?

Below are some common situations when many people update their Wills with a codicil: 

• Marriage or divorce: Reflects the changes in marital status and any new beneficiaries who may benefit from your estate.
• Having a Child: Adding children as beneficiaries if they weren’t included in your original Will. 
• Death of a beneficiary or executor: If a recipient named in the Will passes away, or if an executor appointed by you has died, then their portions and duties should be reallocated.
• A significant change in assets or finances: Updating your Will to account for significant increases or decreases to the size of your estate helps ensure fair distribution to your beneficiaries.

Updating your existing Will is an essential part of estate planning to ensure that your wishes are respected. When it comes to making changes, consulting with an estate planning professional can help you understand how to complete them correctly. Doing so can save a lot of headaches down the line and provide peace of mind that your wishes are being respected.