A codicil is an amendment to a Will. It is often used when relatively minor changes are needed, while preserving the main structure of the Will.
Instances where a
codicil is appropriate include adding or removing a beneficiary, changing
nominated personal representatives or guardians, correcting minor errors, altering dollar amounts,
or adding/deleting an asset.
While a codicil acts as an amendment to your Will, it should not be overused. Since the codicil amends, but does not supersede the Will, it must be stored along with your Will to be used together in probate proceedings. The two documents work in tandem to establish your full intent. The law doesn't limit the number of codicils you have executed to amend your Will. However, having multiple codicils floating around is a recipe for confusion or contradiction, and the court may not be certain that every piece of evidence is in place, or that the codicil offered is the most recent version.
Creating one codicil
would be a reasonable limit to the number of changes made to your Will. If you have
executed one codicil and later have the need to make more changes, it is better
to start fresh and execute an entirely new Will.
A codicil must meet the same requirements for validity as for Wills, and the formalities for execution of the codicil are the same as for executing a Will: it must be signed and witnessed in the same manner. A codicil is not something to be taken lightly just because it seems simple. Your codicil should be crafted with the same care and professionalism as in crafting your Will.
Never attempt to change your Will by crossing out language or writing in new provisions. The probate court will seriously question the validity of a marked-up Will. The only part of your Will that can be altered without requiring a codicil or new Will is to write a separate distribution list of personal property items. If your Will has a provision for such a separate list you can write the list after the Will has been executed and make a new list at any time. Be sure to sign and date the list.
* * *
If you need to revisit your Will and make adjustments, a qualified estate planning attorney can help you get started.