What is a codicil to a will, and how do you write one?

At some point, you’ll likely need to make changes or adjustments to your will. One way to make these updates is with a codicil.

What is a codicil to a will?

A codicil is a legal document that acts as a supplement to your last will and testament. In it, you can make changes to your will without having to rewrite your entire original will document.

Codicils were more popular in the days before personal computers. Remaking your will used to mean rewriting the entire document by hand, which could take some time. Codicils could make this process quicker, since you only had to rewrite the parts you wanted to change. Since it’s become easier to update your will using online tools, 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 prevent any confusion with your documents.

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.
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 contested in court or thrown out entirely, 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 only exception is Louisiana, which is currently the only state that requires a notary for wills and codicils.

Just like your will, your codicil does need to be witnessed to be a valid document. Witnessing laws vary from state to 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.

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

Can I make handwritten edits to my will?

Estate attorneys don’t recommend making handwritten edits to your will, like crossing out parts or writing in new information. (They 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, estate attorneys generally 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 seem confusing to you, they’ll likely confuse your will executor and family members as well. 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 update and reprint your will at any time, for free.