The legal definition of a codicil is “an addition, supplement, or appendix to an existing will, which generally modifies, alters, or revokes parts of it.” In general terms, a codicil is a supplemental document that updates a previously existing will. It is often used to make small changes to a will, such as changing the name of a beneficiary or revoking a gift, without having to redo the entire will. If there is more than one codicil to the will, they must be signed in chronological order and kept with the will.
Uses of a Codicil in Modern Life
Codicils are useful for those who don’t need to make large changes to their will, but rather want to update it with more minor changes. For example, if you recently got divorced or remarried, you may no longer want your former spouse to be the beneficiary of your will. You can use a codicil to change your beneficiaries without having to rewrite your will. Other common uses of codicils include updating the address of a beneficiary, changing the guardian of a minor child, and adding or revoking a gift.
How to Create a Codicil
Similar to a will, a codicil must be in writing and signed in front of witnesses and a Notary Public. Make sure that the codicil explicitly states how it is affecting the existing will. It should clearly state that it is an amendment to the original will, so there is no confusion. A codicil is generally easier to write than a full will, and it is less expensive to file and attach to an existing will. Once you create your codicil, make sure to keep it with the original will and notify your executor.