Question 1

What is a codicil?

Accepted Answer

A codicil is a separate legal document that modifies specific provisions of an existing will without replacing the entire document. It must be signed and witnessed with the same formalities as the original will. Codicils were common before word processing made it easy to produce a new will, and are now largely considered an outdated practice.

Question 2

Should I use a codicil or write a new will?

Accepted Answer

In nearly all cases, executing a new will is the better approach. A new will is cleaner, self-contained, and avoids the confusion of reading multiple documents together. Codicils must meet the same execution requirements as a will (witnesses, notarization where required), so there is no practical shortcut. A new will also includes a revocation clause that supersedes all prior versions.

Question 3

Does getting divorced automatically revoke my will?

Accepted Answer

In most states, divorce automatically revokes the provisions in your will that benefit your ex-spouse — but not the entire will. The rest of the will remains in effect. However, this varies by state, and some states only revoke spousal provisions upon a final decree, not a separation. Executing a new will after divorce eliminates any ambiguity.

Question 4

How do I revoke a will?

Accepted Answer

There are three ways: executing a new will with a revocation clause (the most common and reliable method), physically destroying the will with the intent to revoke it (tearing, burning, or shredding), or revocation by operation of law (certain life events like marriage or divorce that trigger automatic revocation under state statute).

Question 5

What happens if my will is outdated when I die?

Accepted Answer

The outdated will is still valid and goes through probate as written. The court enforces the document it has — not the one you intended to create. This can mean assets going to an ex-spouse, a deceased executor requiring court appointment of a replacement, or children born after the will was signed receiving a share under pretermitted heir statutes rather than the share you would have chosen.

When to Update Your Will

A will is a wish. A trust is a plan.

How it works

Estate Ledger

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A will is a wish. A trust is a plan.

How it works

Estate Ledger

Pricing

Download