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A codicil is a document that amends, rather than replaces, a previously executed will.A codicil therefore allows a person to modify provisions in his or her will without drafting an entirely new will.
Amendments made by a codicil may add or revoke a few small provisions (e.g., after something is sold or bought), or may completely change the majority of the devises and bequests. Each codicil must contain the same legal requirements as the original will, such as the signatures of the testator and two or three disinterested witnesses.
When confronted with a testamentary document that was executed after the date of the original will, a probate court may need to decipher whether the document is a codicil, or a new will. Generally, if the second document does not make a complete disposition of the testator’s property and does not revoke the will in its entirety, it will be presumed to be a codicil. A prudent testator will avoid this problem by clearly labelling the document as a “Codicil”. |
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