What is Codicil to will? How to write one?

When Ray Watts passed away, his children and step-children were expecting an unconditional, no-hiccup transfer of his £250,000 estate.

They were in for a surprise when they found out that he had left almost everything to his cleaner, Sue Pope, while giving his step-daughter only a single, symbolic pound.

This, obviously, led to a heated legal battle with allegations of undue influence and questions about Mr. Watts' mental capacity at the time of the changes. 

However, the court found no such evidence of mental incapacity. Mr.Watts had a Codicil added into his will.

So what is a codicil? How does it save you from starting a real-life Game of Thrones spin off?

In this article, we’ll explore what a codicil is, when to use one, and how to create it. 

What is a Codicil to a Last Will and Testament?

A codicil is a legal document that lets you amend your existing will without rewriting it entirely. It allows you to make minor changes, such as updating beneficiaries or altering specific provisions.

Generally, a codicil is best suited for straightforward adjustments—say, adding a new heir after the birth of a child or removing a beneficiary.

For example, a family discovered a codicil made by their deceased father that allocated an additional 5% of his mutual fund portfolio to charity while dividing the remainder between his two children. While the Will was executed in 2022, the codicil added in 2023 enabled and added legal validity to these amendments.

One important thing to remember: a codicil must meet the same legal requirements as your original will. That means it needs to be signed and witnessed as mandated by the laws of your state or country. 

A sloppily prepared codicil could lead to disputes or even render the changes invalid.

When Should You Use a Codicil?

Life happens. Families grow, priorities shift, and sometimes, you change your mind. That’s where a codicil comes in—it’s like a quick edit button for your will. No need to start over; you just tweak the parts that need fixing.

1. Adding or removing a beneficiary: Say you were recently blessed with a grandchild, and you want to leave them something special. Or maybe someone didn’t exactly live up to your expectations (cough cough), and you want to make some cuts. A codicil lets you do this fast, without breaking a sweat.
2. Updating executor details: Your executor is a big deal. They’re the ones who’ll carry out your wishes. But what if your chosen person isn’t up for the task anymore? Maybe they’ve moved across the globe or they’re just... not the right fit. A codicil allows you to hand the reins to someone else.
3. Modifying specific bequests or distributions: Maybe you promised your vintage car to your niece, but now she drives a Tesla and couldn’t care less. Or you’ve decided to leave your antique clock to someone who’ll actually appreciate it. A codicil makes these changes quick and painless.

But—and this is important—don’t go overboard. A codicil is great for one or two changes. Any more than that, and you’re asking for trouble. Too many updates can confuse everyone, including the courts. That’s when it’s time to draft a new will.

Codicil vs. a New Will: When to Choose One Over the Other

A codicil and a new will are completely different things. While a codicil works for minor updates, some situations call for starting fresh. 

Knowing the difference helps you choose the right option for your needs.

Key Considerations for Adding a Codicil to a Will

While adding a codicil to your last will and testament, you need to ensure those changes integrate seamlessly into your existing will. Even small mistakes can create contradictions, confusion, or even invalidate parts of your estate plan. 

1. Legal requirements

While a codicil allows you to amend your existing will, the process must meet strict legal standards to ensure those changes hold up in court. Here's what makes a codicil a legal document:

• Execution formalities: The codicil must be signed and witnessed in the same manner as the original will, in compliance with state-specific statutes. Typically, two witnesses are required, and they must be disinterested parties—individuals who do not benefit from the will or codicil.
• Integration with original will: The codicil should explicitly reference the original will by date and location of execution to establish its legal connection. Example: ‘This codicil, executed on [date], is an amendment to the will dated [original date].’ 
• Notarization (if required): Different states or countries may have specific rules regarding codicils, such as notarization or special wording requirements.
  
  For example, in Oregon, Washington, and Texas, codicils must be signed, written, and witnessed by at least two people. While notarization isn’t required in any of these states, it’s recommended in Washington and Texas to simplify probate. Texas also allows a self-proving affidavit to streamline the process.

2. Avoiding mistakes

If your codicil isn’t clear, you’re leaving behind a mess. And not the ‘who left the cereal box open’ kind of mess. The ‘your beneficiaries are suing each other’ kind.

• Unambiguous Language: Avoid vague terms or undefined references, as these can result in inconsistent interpretations. For example, in the case of Campbell v Daly, a codicil with vague wording ended up dragging two of the deceased close relatives to the court for years. 
• Internal Consistency: Review the original will in its entirety to identify any provisions impacted by the codicil. Adjust language in the codicil to ensure alignment with the existing text.
• Scope of Changes: A codicil is suitable for discrete modifications, such as replacing an executor, updating a beneficiary, or altering specific bequests. Substantial changes may require drafting a new will to avoid confusion or fragmentation of the estate plan.

3. Impact on other documents

Your will is just one component of your estate plan, and changes to it can have far-reaching effects on trusts, retirement accounts, and insurance policies. Consider Zoltanski v. Zoltanski: a father placed an apartment building into a trust, clearly designating it for his daughter. Later, he added a codicil to his will, attempting to leave the same property to his son. The court ruled in favor of the trust, as it took legal precedence.

Any updates to your estate plan must be coordinated across all documents to ensure alignment and avoid unintended conflicts.

• Impact on estate distribution: If the codicil alters asset allocations, verify that the updated distribution aligns with beneficiary designations in other documents, such as trusts or retirement accounts.
• Trusts and legal agreements: Changes to beneficiaries or executors in the codicil may necessitate parallel updates to revocable or irrevocable trusts. Inconsistencies can complicate probate and administration.
• Guardianship and powers of attorney: If the codicil modifies guardianship provisions or roles involving minor children, ensure consistency with any court-filed guardianship documents or powers of attorney.

How to Use Docupilot to Write a Codicil into Your Will

A well-written codicil to a last will and testament can make small changes to your will without starting from scratch. But a poorly drafted one can create confusion, conflicts, and legal disputes.

If you’re unsure how to begin, Docupilot’s AI Template Builder can simplify the process. 

How to use Docupilot’s AI Template Builder to create a codicil

1. Log in to Docupilot

‍‍On the top right corner, click the Create Template button and then choose Build with AI.

2. a) Enter your prompt

‍After choosing a template name and description for your template, click Create Template.

In the AI Assistant prompt box, describe what you need. For example:

"Create a codicil to a will that changes the executor from [Name A] to [Name B] and removes a $10,000 bequest to [Name C]. Ensure the codicil includes proper legal phrasing and references the original will dated [insert date]."

The AI will draft a detailed and accurate codicil based on your input.

b) Manually add the  codicil

You can also add the codicil into the template by using the template editor

3. Copy the script and create a new template

‍Once the codicil is generated, copy the script. Return to the Docupilot dashboard and create a new template. Click the Source button and paste the code into the editor.

4. Review and personalize

‍Use Docupilot’s editing tools to customize the codicil. Double-check names, dates, and other details to ensure accuracy.

5. Send it for signing and store securely

‍After the review, download your codicil or route it for signing. Docupilot integrates with signing tools like Yousign, Docusign, SignNow, and Signable, making the signing process seamless.

Finally, save the codicil in Docupilot’s secure repository. You can organize it into folders for easy retrieval and future updates.

With Docupilot, you can create codicils quickly, confidently, and without the stress of starting from scratch.

Simplify Will Updates with a Codicil

Your will is a living reflection of your life, and a codicil ensures it stays relevant. Small but powerful, a codicil allows precise updates without rewriting the entire document. 

Yet, clarity is key: vague language or misalignment with your original will can lead to disputes. Review your will carefully, spell out changes explicitly, and ensure all documents in your estate plan align. 

And if creating the codicil feels overwhelming, you can simply turn to Docupilot. 

Try Docupilot today!