What Is a Codicil to a Will?

Life changes often mean your will needs an update. But rewriting the entire thing isn’t always necessary. Instead, you can use a codicil—a straightforward and legally recognized way to make changes without starting from scratch. (Note: You can also add clarification to your will using a letter of intent, although it’s not a legally binding document like a codicil.)

For example, let’s say you initially left a family heirloom to your cousin but later decided your niece should have it. Instead of drafting a whole new will, you can write a codicil specifying that the heirloom goes to your niece instead.

When Should You Use a Codicil?

Using a codicil is practical when you need to make minor adjustments to your will. Some common reasons for creating a codicil include:

• Changing the executor of your estate
• Updating beneficiaries due to life changes like marriage, divorce, or the birth of a child
• Modifying specific bequests, such as gifts of money or property
• Adding or removing a guardian for minor children

How Does It Work?

Just like a will, a codicil must meet legal requirements to be valid. This usually involves:

1. Clearly Identifying the Change: Specifying exactly what part of the will the codicil is modifying.
2. Proper Execution: Signing the codicil in front of witnesses, following the same formalities as the original will.
3. Keeping It With the Will: Storing the codicil with the original will to avoid confusion later.

Keeping Your Estate Plan Current

When life circumstances or estate plans change significantly, drafting a new will might be the way to go. (Or, better yet, getting a living or revocable trust that you can update at any time might be the way to go.) 

When making small changes, however, a codicil is a quick, efficient, and cost-effective way to keep a will up-to-date without rewriting everything. It ensures clarity and avoids potential conflicts among beneficiaries. (Or, again, you could just set up a revocable or living trust.)