Codicil
An amendment to a will. It changes part of it and leaves the rest standing.
What it means
A codicil is a separate signed document that alters a will — changing an executor, adding a gift, removing one — without rewriting the whole thing.
It has to be executed with the same formalities as a will: the same witnesses, the same signing requirements.
Because word processing made rewriting easy, codicils are less common than they were, and a modern change is usually a new will that revokes the old one.
Why it matters
A codicil found without the will it amends, or a will found without its codicil, leaves a court reading half an instruction.
It also matters for a challenge: a codicil signed shortly before death, when capacity was in question, is the classic shape of a will contest.
When you are likely to meet it
- When more than one signed document is found.
- When a will refers to a change that is not attached to it.
- When a parent wants to change one thing and does not want to redo everything.
How this varies by state
The formalities a codicil must satisfy are the same as those for a will in that state, and those differ.