What is a Codicil to a Will?
Making a will is much easier than one might think, but how do you make amendments? Do you have to rewrite the entire will every time you need to change something? The answer is: no! This is where the magic of a codicil to a will comes into play. This article answers the question “how do you write a codicil to a will?” and even provides a free codicil to a will template.
What is a codicil to or for a will?
A codicil to (or for) a will is a legal document used to make changes or additions to an existing will without rewriting the entire will. It allows the testator (the person who made the will) to update specific terms, such as adding or removing beneficiaries, changing executors, or adjusting bequests. Like a will, a codicil must meet certain legal requirements—typically including being signed and witnessed—to be valid. It's a practical way to keep a will current while preserving the original document.
Does a codicil to a will have to be notarized?
A codicil to a will does not usually need to be notarized to be legally valid, but it must be signed by the testator and witnessed according to state laws—typically by two adult witnesses who are not beneficiaries. However, adding a notarized “self-proving affidavit” can make the codicil easier to validate in probate court. Always check your state’s specific requirements to ensure compliance.
How do I write a codicil to a will?
If you’re wondering “how do you add a codicil to a will?” you are certainly not alone. Many people haven’t even heard of the word codicil, let alone would know how to add a codicil to a will. Here’s how to write a codicil to a will:
- Title the document – Begin with a clear title such as “Codicil to Last Will and Testament.”
- Identify yourself – State your full legal name, address, and the date of your original will.
- Reference the original will – Mention the date your original will was executed and confirm that this codicil is intended to modify that will.
- Specify the changes – Clearly state the changes you are making (e.g., replacing a beneficiary, updating an executor, adding a bequest). Use numbered paragraphs if making multiple changes.
- Reaffirm the rest – Include a statement that all other terms of the original will remain unchanged.
- Sign the codicil – Sign and date the codicil in the presence of at least two witnesses who are not beneficiaries.
- Have witnesses sign – The witnesses should also sign the codicil and include their names and addresses.
- Store safely – Keep the codicil with your original will in a secure place and inform your executor of its location.
Sample codicil to a will
Below is a codicil to a will sample. You can adapt it to your specific needs, but it’s always a good idea to have it reviewed by an attorney to ensure it meets your state’s legal requirements. While some folks may prefer using a codicil to a will form, it’s just as easy to write a codicil to a will on your own. Here’s an example:
CODICIL TO LAST WILL AND TESTAMENT
I, [Full Legal Name], of [City, County, State], being of sound mind and disposing memory, do hereby make this Codicil to my Last Will and Testament dated [Date of Original Will].
I hereby amend my Last Will and Testament as follows:
1. [State the Change Clearly] Example: I revoke Article II of my Last Will and Testament and replace it with the following:
“I appoint [New Executor’s Full Name], residing at [Address], as Executor of my estate.”
2. [Additional Changes, if any] Example: I give my [specific item or amount] to [Beneficiary’s Name] of [Address], instead of [Previous Beneficiary’s Name].
All other provisions of my Last Will and Testament remain in full force and effect and are hereby confirmed.
IN WITNESS WHEREOF, I have signed this Codicil on this day of [Month], [Year].
[Your Signature]
[Printed Name]
Signed, published, and declared by [Your Name], the Testator, as a Codicil to their Last Will and Testament, in the presence of us, who have signed our names hereto in the presence of the Testator and of each other.
Witness #1:
Signature:
Printed Name:
Address:
Witness #2:
Signature:
Printed Name:
Address:
It’s important to note that not all codicils to wills will look like this – there are plenty of variations that you can utilize. If you’re worried about using a template for codicil to a will and want to be extremely careful, consider reaching out to a legal professional to gain guidance on how to amend a will and check if the codicil you’re writing is accurate. If you absolutely need to use free codicil to will forms, it’s helpful to double check them when inputting your information before assuming it does what you need it to do.
Maintaining a will is just one important step in end-of-life planning. Consider using Ever Loved’s key information checklist to easily keep track of all of your important details and wishes – all in one place. Easily share the checklist with your trusted family members so that everyone knows what steps to take when the time comes. Best of all, the checklist is completely free.
