Core documents

Codicil

A separate signed amendment that changes part of an existing will without replacing it.

A codicil is an amendment to a will. It modifies specific provisions — swapping an executor, adjusting a gift, adding a beneficiary — while leaving the rest of the original document intact. To be valid it generally has to be executed with the same formalities as the will itself, which means witnessing and, depending on the state, notarization.

Codicils are a holdover from when wills were retyped by hand and amending a page was cheaper than reproducing the document. That economic logic has largely disappeared. When a will lives in a system that can regenerate it, producing a clean restated will is usually simpler than layering an amendment on top of an older document.

The reason to prefer a restated will is interpretive. A will plus two codicils is three documents that have to be read together, and any tension between them becomes an argument. If a codicil changes a bequest that the original will mentions in more than one place, or if a later codicil partially contradicts an earlier one, the resulting ambiguity is exactly the kind of thing that produces a contest.

Codicils still have a place for a genuinely narrow change to a will that is otherwise correct and was drafted by an attorney whose work you do not want to disturb. But for most people, most of the time, replacing the document is cleaner than amending it.

Frequently asked

Should I use a codicil or just write a new will?
For most changes, write a new will. Codicils exist because retyping a document used to be expensive, and that constraint no longer applies. A restated will that expressly revokes prior versions leaves one authoritative document, whereas a codicil leaves your executor reading two or three and reconciling them. Reserve codicils for a single narrow change to an otherwise sound document.
Does a codicil need witnesses?
Generally yes — a codicil usually has to meet the same execution formalities as the will it amends, and those requirements vary by state. Treating it as a casual note is the most common way codicils fail. An improperly executed codicil may be disregarded entirely, which can leave the original provision standing when you believed you had changed it.
Can a codicil be used to update who inherits my digital assets?
It can change who is entitled to them, but that is only half the problem. Assigning ownership does not convey access, and a codicil is no better than a will at safely carrying passwords or recovery phrases — both become public in probate. Update the legal designation in the document if you like, but keep the credentials themselves in an encrypted system that releases to the person you named.

This glossary is general information, not legal advice. Estate planning rules vary by state and change over time. Legacy Suite is not a law firm — for questions about your own situation, speak with a qualified estate planning attorney.

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