What Is a Codicil To a Will?

Codicil: A Simple Addition to a Will for Small Changes

When you create a will, you state in a legal document what would happen to your assets and responsibilities after you pass away. It involves naming beneficiaries who will receive assets, appointing an executor who would carry out the instructions, and nominating guardians if you have minor children. After major life or financial changes, you may need to make changes to modify your existing will. That’s when a codicil comes into the picture.

A codicil is a legal document that helps you update some sections of your will, such as naming beneficiaries, changing executors, or other straightforward changes so that you don’t need to re-draft the will entirely. Here are two important things you should know about a codicil:

• It’s signed and witnessed through the same legal process as a will.
• It’s attached to your original will and clearly states what is being changed, with all other details remaining the same. 

How a Codicil to a Will Works A codicil works in connection to your existing will. Here’s how it works:

• You create your will with details of your assets and how they’ll be handled after you die. 
• If there are any personal or financial changes, like a marriage, divorce, or addition or removal of any assets, you highlight the changes with a codicil document.
• The document is validated with the same legal procedures as a will.
• When your estate is handled after you pass away, the will and codicil are read together. 
• A codicil highlights any changes to a specific section of your existing will and clarifies that all other terms remain the same. 
• It’s important to attach the codicil to your will and let the executor (who manages the will’s terms) know of the changes.

Read: How to Create a Living Trust

Codicil vs. Will: What’s the Difference?

A will is the main document that explains your original estate plan, whereas a codicil is a later document that highlights changes in some parts of that plan. Here are a few differences between the two:

When to Use a Codicil Vs. a New Will

Updating your existing will with a codicil or making a new will depends on the amount of changes you intend to make. A codicil is best when there are just one or two simple and straightforward changes, while the overall estate plan remains the same. On the other hand, creating a new will can make more sense when there are changes in multiple sections, there’s a significant life change, or if you already have multiple codicils.

Read: Life Insurance Premium Calculator

What Changes Can You Make With a Codicil?

A codicil functions like an addition to a will to highlight some minor changes in your existing estate plan. Here are a few changes you may make with a codicil:

Changing an Executor (Or Backup Executor)

Changing the executor of your will is one of the primary reasons why people use a codicil. You may change your primary executor, the backup executor, or even make changes to your executor’s rights. However, remember that if you replace an executor, it’s good to clearly mention if the old executor is fully removed or retains some rights.

Updating a Beneficiary or Specific Gift

A codicil can also help you update a beneficiary or gifts offered to existing beneficiaries. You may add a beneficiary for a specific term and add or remove a gift for them. You may also revise the percentage of the benefits if there are multiple beneficiaries. However, it’s good to be very specific and clear. Vague comments can likely conflict with your actual intentions, unless written very carefully.

Correcting Names and Details

A codicil works very well in making minor modifications such as correcting a misspelled name, updating addresses, adding or removing real estate, or rectifying account details. Such details are often low-risk but may be crucial for claiming the benefits in the long run.

Clarifying Instructions Without Changing the Plan

In some cases, your will may not need any modifications or updates, but more clarity on the existing instructions. You may redefine your existing plan with clearer wording to explain how to handle a specific property, how the asset distribution happens or clarify ownership terms that could be misread.

You may also have details of the backup plan if someone can't inherit. Using a codicil can be a smart move if your intention is the same but the wording isn’t clear.

Benefits of a Codicil To a Will

A codicil can be helpful in making your existing will relevant to your current life situation. Here are a few advantages of a codicil to a will:

• It involves comparatively less effort in making necessary changes in comparison to creating a new will, especially when changes are small. 
• It’s helpful to keep your overall estate plan intact even when there are a few changes. 
• It’s easier to track changes in your estate plan, what changed and when, as the codicil mentions dates of all modifications.
• It offers additional flexibility and ownership to your assets, as you may modify\ terms based on your life situations and goals. 

To maximize the benefits of a codicil to a will, it’s good to keep your codicil as simple and clear as possible.

What Makes a Codicil Invalid

A codicil can often become invalid for similar reasons as a will. Some of the common reasons are: 

• Improper execution, such as not following your state’s signing and witnessing requirements.
• Changes aren’t clear. For example, it requests a change that impacts something else, but that isn’t updated.
• Creates conflicts with existing terms in the will. For instance, it names a new beneficiary, but mentions the old beneficiary elsewhere.
• Includes vague instructions instead of mentioning clear itemized details.
• Not signed properly or signatures don't match, or missing signatures.

Common Mistakes With a Codicil to a Will

Ensuring that your will is clear can help you avoid confusion later. Here are a few mistakes to avoid:

• Putting general instructions instead of specific details.
• Not including the details of the original will in the codicil document.
• Using too many codicils to make multiple changes in the will.
• Not attaching the codicil to the will or not storing it properly.
• Making complex changes to your will through a codicil, such as remodeling your asset distribution.

Read: Why Life Insurance Is Needed When Young

How to Create a Codicil to a Will (Step-by-Step)

Creating a codicil can make sense when you want to make minor changes in your existing will. Here are some general steps often involved in creating a codicil:

• Relate your codicil to your existing will by mentioning details like when the original will was created and signed.
• Title your codicil clearly; such as “Codicil to the Last Will and Testament of [Name]."
• State the intent of framing the codicil to highlight what you want to change.
• Mention the change with precision and clarity to help ensure a smoother update and avoid confusion.
• Clarify that the rest of the will stays the same.
• Sign and authorize the codicil with proper witnesses.

Where Should You Keep a Codicil (And Should You Attach It?)

Creating a codicil can help you make changes to your existing will, but it’s only helpful if it’s available at the right time. That’s why storing the codicil properly is important.\ \ The safest way to keep your codicil is to attach it to your original will. Try not to file the will and codicil separately, as the codicil may not reach the rightful person or the executor when needed. Make sure your codicil is available to your executor, someone reliable who can safeguard your will, or the attorney who assisted you. 

Can You Have Multiple Codicils to a Will?

Yes, you can always have multiple codicils to a will. But make sure that multiple codicils don’t create confusion or complications for understanding the actual terms of the will.

Multiple codicils can work well when:

• All the codicils are clear, precise, and simple to understand.
• The changes don’t contradict other codicils or terms in the will.
• You can ensure proper storage with the existing will so both documents are easy to find. 

However, it’s often recommended to create a new will instead of multiple codicils when there are major updates over a short span of time. Major changes such as beneficiary designations and asset distribution ratios may sometimes be easier to manage with a new will. In some cases, multiple codicils can create too much confusion.