What is a Codicil to a Will

A codicil to a will is a legal document that is used to change, clarify, or revoke part of a previously executed will without drafting a completely new one.  Think of it like a formal “edit” to your original will that maintains legal force, as long as it’s properly executed under California law.

When is it used?

There are many reasons you might need to update your will, even if the core of it still reflects your wishes. A codicil allows you to make specific changes without rewriting the whole document. Here are some common situations where using a codicil makes sense.

• If an executor or beneficiary dies you may need to remove them from your will or replace the executor with someone else. 
• You want to add a recently born member of the family
• To replace or remove an outdated bequest such as if your will gifts an item which you have since lost or sold.
• If language in your current will is ambiguous either because of an oversight or because of changes in your life. For instance if you leave someone “ My Car” but now you have multiple cars. You may want to Refine or clarify this unclear clause to avoid future disputes.
• If you have recently married or divorced you may need to update your will accordingly.
• The couple you originally chose as guardians for your minor children  is no longer suitable, you may want to change your selection.
  If there was a typographical or factual error (e.g., a wrong address or incorrect legal name of a beneficiary). You may want to clean up the mistake without redrafting the whole document.

How to write a Codicil in California

Under California law, codicils are treated as testamentary instruments, meaning they must meet the same formal requirements as a will. Incomplete or improperly executed codicils are often rejected by probate courts, even if the testator’s intent seems clear. Even if a codicil attempts to change something validly, it will be ineffective if it fails to meet legal formalities. 

In order for a Codicil to be valid it must be:

• Executed by a person must be at least 18 and of sound mind with the mental capacity to understand they’re changing a will, what they own, and who their heirs are.
• Created without fraud, coercion or manipulation
• In writing, signed by the testator, and witnessed by two disinterested people ( unless it is a holographic codicil which does not need witnesses ) 

While meeting legal requirements is essential, the way a codicil is written can be just as important. A poorly drafted codicil, even if technically valid, can create confusion, spark disputes, or fail to carry out the testator’s true intentions. Beyond simply checking legal boxes, clarity, consistency, and thoughtful wording play a critical role in ensuring the codicil is understood and enforceable. 

What Makes a Well-Written Codicil?

1. Clear Identification of the Testator and the Original Will

Start by identifying your full legal name and the date of the will you’re modifying. This ties the codicil directly to the original document and prevents confusion.

Example:

“I, John A. Smith, residing in Los Angeles County, California, declare this to be a codicil to my Last Will and Testament dated May 1, 2020.”

 2. Precise Description of the Changes

Be specific about which parts of the will are being changed, revoked, or replaced If you’re revoking or replacing a provision, reference the paragraph number or clause exactly as it appears in the original will

Good example: “I revoke paragraph 3(a) of my Will and replace it with the following: ‘I give my 1969 Mustang to my nephew, Michael Smith.’”

Bad example: “I want to give my car to Michael instead of David.” (Too vague — could lead to a dispute.)

3. Reaffirmation of the Original Will

Unless you’re revoking the entire will, you should state that you’re reaffirming everything else. This prevents unintended revocations and reinforces that the codicil is a supplement, not a replacement.

Example:

“In all other respects, I confirm and republish my Last Will and Testament.”

A well-crafted codicil does more than meet legal standards. It communicates the testator’s wishes clearly and minimizes the risk of conflict or misinterpretation. By combining legal compliance with careful writing, a codicil can serve as a reliable and effective tool for updating a will.

 In addition to how you write your codicil. The exact changes you want to make are important as well. 

What Can a Codicil Do?

Understanding what a codicil can legally change is essential to using it effectively. While it offers a flexible way to update a will, it’s not a catch-all solution. Knowing what types of changes are allowed helps ensure the updates are valid, enforceable, and aligned with the testator’s intent.

What Can Be Changed by Codicil

Codicils can:

• Revoke or modify prior gifts
• Add new gifts or beneficiaries
• Change executors
• Clarify instructions

They can apply to existing property or after-acquired property ( property acquired after execution of the will).

What Cannot Be Changed by a Codicil

1. Non-Testamentary Assets (Outside the Will)

Codicils only affect the will, which governs probate assets. They cannot change assets that pass outside of probate, such as:

• Trust property (e.g., assets titled in a living trust)
• Joint tenancy property (which passes by right of survivorship)
• Life insurance beneficiary designations
• Retirement accounts (IRAs, 401(k)s, etc.)
• Pay-on-death (POD) or transfer-on-death (TOD) accounts

To change these, you must update the relevant account designations or trust documents, not the will or codicil.

2. Terms of a Living Trust

A codicil to a will cannot amend or revoke a revocable living trust. Trusts are separate legal instruments They require trust amendments or restatements, not codicils, to make changes
This includes pour-over wills for revocable trusts. A codicil can change the will, but it won’t touch the trust’s terms.

3. Contractual Obligations

You cannot use a codicil to alter contractual obligations made through mutual or contractual wills or divorce settlements. For example, a marital settlement agreement could include an inheritance guarantee in which  you agree to maintain a will that leaves 50% of your estate to the children of the marriage.  In this scenario, you may be contractually barred from making changes that violate those terms.

4. Provisions Affecting Guardianship Orders After Court Appointment

If a court has already made a guardianship appointment, a codicil naming a different guardian does not automatically override the court’s order. A codicil can still express preference, but it’s not binding on the court.

Knowing the limits of what a codicil can change helps prevent mistakes that could lead to confusion or legal challenges later on. By staying within the boundaries of what’s allowed, individuals can make meaningful updates to their wills while preserving the clarity and integrity of the original document.

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A codicil can be a practical and efficient way to update a will without starting from scratch, but it must be handled with care. From meeting legal requirements to writing it clearly and knowing what changes are allowed, every detail matters. Mistakes can lead to confusion, disputes, or even an invalid document. That’s why it’s always best to consult an experienced estate planning attorney. They can ensure your codicil is legally sound, properly executed, and truly reflects your wishes.