What is a codicil to a will? How to write one

TL;DR: A codicil is a legal document that changes part of your will without replacing it. People use codicils for small updates, like a new executor, guardian, or beneficiary. You must sign and witness it like a will. If you have big changes or already have a codicil, rewriting your will is usually clearer.

At some point, you’ll likely need to make changes or adjustments to your will. One way to update it is with a codicil. Another is to rewrite it, which you can do for free with our online will-maker.

What is a codicil to a will?

A codicil is a legal document that supplements your last will and testament. With it, you can change your will without rewriting the entire original document.

Codicils were more common before personal computers. Before, remaking your will meant rewriting the entire document by hand, which could take time. Codicils could make this process quicker, since you only had to rewrite the parts you wanted to change. Since online tools have made it easier to update your will, codicils are now less common. However, depending on your preferences, they can still be a useful way to make small updates to your will.

What can I do in a codicil to a will?

You can use a codicil to make minor changes to your will, like:

• Changing your executor
• Updating beneficiaries: either adding new ones, or removing existing ones
• Updating your gifts to a beneficiary: you can add or remove gifts, or change the amount
• Updating your guardian selection, if you have children under 18

If you have a lot of changes to make, or if you already have a codicil, consider rewriting your will completely to avoid confusion.

How do I write a codicil to a will?

Since a codicil is a legal document, there are some guidelines you should follow when writing it:

1. State that the document is a codicil to your will.
2. Include important identifying information, just like you would when writing a will:
   • Your full name and address. This makes it clear the codicil belongs to you.
   • The date. This helps the court understand which will document the codicil applies to. For example, if you wrote a codicil for your existing will, and then two years later wrote a completely new will, your original codicil wouldn’t be relevant.
   • A statement that you’re of sound mind, and not under pressure from someone else. Including this statement is common practice.
3. Clearly explain which parts of your will you’re changing with your codicil. For example, perhaps you want to change your executor from your spouse to your son. Remember to be specific: use full legal names when referring to people, specify dollar amounts or percentages, and describe property in detail.
4. Include a statement that your codicil should overrule what you wrote in your original will. Then, include another statement that anything in your will not affected by the codicil should remain valid.
5. Sign and witness your codicil according to your state’s laws, just like you would with your will.
6. Keep your signed codicil in the same safe, secure place as your will.

Can I have multiple codicils to my will?

Yes. There’s no legal limit on how many codicils you can write and add to your will. However, adding multiple codicils can increase the chance of contradictions and create confusion for your loved ones. If your will is difficult to understand, it could be challenged in court, which defeats the purpose of having one!

The goal is to have an easy-to-understand will that clearly outlines your wishes. If you’re having trouble keeping track of your codicils and the changes you’ve made, that may be a good sign that it’s time to rewrite your will. With easy, secure tools at your disposal, like our free online will-maker, you can create a new will in as little as 20 minutes.

Does a codicil have to be notarized?

No, codicils don’t have to be notarized to be legally binding in almost every state. The exception is Louisiana, where one of its two will types, the notarial testament, has to be signed in front of a notary and two witnesses. Louisiana also allows handwritten wills, which need neither a notary nor witnesses. In a few other states, including Colorado and North Dakota, a notary can act as a witness.

Like your will, your codicil must be witnessed to be valid. Witnessing laws vary by state, but most require two witnesses when signing. Your witnesses should be disinterested, meaning they’re not mentioned in your will and won’t inherit anything from your estate. Rules vary by state, and in some states a witness who is also a beneficiary can lose some or all of their gift. Some states also offer an optional self-proving affidavit, a statement that you and your witnesses sign in front of a notary to help prove your codicil is valid.

Since codicils and wills have the same witnessing requirements, writing a codicil usually doesn’t save much time. That’s why many people choose to rewrite their wills when they need to make changes.

Can I make handwritten edits to my will?

We don’t recommend making handwritten edits to your will, like crossing out parts or writing in new information. (We also don’t recommend handwriting your will at all.)

Handwritten edits to a will are called holographic codicils. They’re not accepted in every state. Even where they’re allowed, these changes are confusing and difficult to prove, which can lead to your will being contested in court.

Should I add a codicil, or rewrite my will?

This decision will depend on your personal preference. But now that it’s easier to rewrite your entire will, codicils don’t provide as much benefit as they used to.

If you have several large changes to make to your will, or you already have a previous codicil, we recommend rewriting it. Having a clear, easy-to-understand will is the goal, so use your best judgement. If your will and codicils start to feel confusing, they’ll likely confuse your executor and family members too. Consider starting fresh by rewriting your entire will.

Fortunately, rewriting your will doesn’t take as long as you might think with a free online service like FreeWill. And you can return to your account at any time to make unlimited free edits to your will. FreeWill doesn’t offer codicils, so after you edit your will, you finalize the updated version by following the included instructions.

Frequently asked questions

What is the difference between a codicil, an addendum, and an amendment to a will?

A codicil is the legal term for a document that changes an existing will. People also say addendum or amendment to a will. Whatever the label, a change only counts if it’s signed and witnessed under your state’s rules, just like a will.

Do I need a lawyer to write a codicil?

You don’t need a lawyer to write a codicil, since no law requires one. But a codicil has to meet your state’s signing and witnessing rules, and unclear wording can cause disputes later. If your estate is complex, you own a business, or you have property in more than one state, it’s a good idea to talk to an estate attorney.

Does a new will cancel my codicil?

Yes, a new will usually cancels your codicil. It generally replaces your earlier wills and codicils, especially when it says so. State laws vary, so make sure your new will clearly states that it replaces all earlier wills and codicils, and destroy the old copies.

Can I add a codicil to a will I made with FreeWill?

You can’t add a codicil to a FreeWill will, because FreeWill doesn’t offer codicils. Instead, you can return to your account anytime to make unlimited free edits to your will, then finalize the updated version by following the included instructions. Those instructions also explain how to destroy your previous copy, so only one current version is left.

Can I use a codicil template?

Yes, you can use a codicil template as a starting point, but it doesn’t make a codicil valid on its own. The finished codicil still has to meet your state’s signing and witnessing rules to count. For a simple change, rewriting your will with a tool that fits your state’s rules is often easier.