What is a codicil?

A codicil is a legal document used to make minor changes to your last will and testament. Change only the desired provision or provisions, leaving the rest of your will exactly as it was originally written.

What is considered a “minor” change? There is no hard and fast rule. However, in general, making simple updates to your will, such as changing the name of a beneficiary who has married, may require a Codicil.

On the other hand, disinheriting someone or adding a great legacy will likely require you to make an entirely new will.

One of the main goals of having a will is to give your executor clear instructions for distributing your property after your death. So the best guideline for using a Codicil or just making a new will may be to think about things from your executor’s perspective. How can you clearly communicate the change you want to make, so that your executor can follow your instructions and so that the possibility of conflict between your heirs is minimized?

This is an especially important consideration if you have made pre-will changes with one or more Codicils. At some point, having multiple Codicils is sure to make your wishes difficult to decipher and your instructions difficult to follow.

If you need to make a change to your will, the best thing to do is consult with an estate planning attorney. He or she can advise you on the most effective way to achieve your goals. Whatever you do, you should never make handwritten changes to your existing will and expect those changes to take effect. For changes to your will to be effective, they must be signed and witnessed with the same formality required for a last will and testament.