Reading... How to Create a Will Codicil
Back to top

How to Create a Will Codicil

A will codicil is a document that allows you to amend a will you have already created. Will codicils are best used for relatively small or short changes that don’t require extensive revision of the will. Otherwise, you should probably take a few minutes to create a new last will and testament.

Completing the Codicil

After entering in the relevant information on the pages related to the original last will and testament and the testator (the person changing their will), you will begin describing the amendments you wish to make. It is important that you are as detailed as possible in specifying the changes you want.

If you are removing or changing a section from the original will, be sure to specify the letter or number that designates the paragraph containing the language you are referring to. For instance, you might write:

  • “I revoke paragraph 2 subsection (a) in its entirety.”

If you wish to change language in the will, you could write something like:

  • “I revoke the following language in the section titled Real Estate Gifts: ‘I give all my real estate to my husband, Charles,’ and I replace that language with ‘I give all my real estate to my son, Charles Jr.’"

If you wish, you can also simply add additional language to your original will without revoking or changing the existing language in it.

Next you will finish the form by answering a few questions about the witnesses you wish to use.

Executing the Codicil

To make the codicil legally binding, the testator and witnesses need to sign it; however, there are certain requirements here that need to be followed. In most states, the witnesses must be at least 18 years of age and must be competent enough to understand the nature of their actions in witnessing the codicil and recall this later on. Furthermore, you cannot use anyone who is listed to inherit anything from your will or who has any other such bias or conflict of interest.

Almost all states require at least two witnesses to sign. The testator and all witnesses need to sit down together and sign the will in front of each other. After that you’re done! Make sure a copy of the codicil is kept in a safe place and others know of its location.

Self-Proving Affidavit

You can have a notary sign a self-proving affidavit as well in order to make the codicil easier to prove in court, but this step is entirely optional.

How LegalNature Can Help You with Your Legal Form Needs

LegalNature can help you with all of your personal legal form needs. Let us help you get started today. Click here to create your codicil form now.

Table of content
Was this helpful? /

Can't find what you are looking for?

Contact us here.