Understanding Codicils: A Simple Guide to Amending Your Will
Learn what a codicil is, when to use one, and how it can help you update your will without creating an entirely new document. Essential information for singles, parents, and high net worth individuals.
Introduction
A codicil is a legal document that allows you to make minor changes or additions to your existing will without having to rewrite the entire document. Think of it as an amendment or supplement to your will. Codicils must be executed with the same formalities as a will (signed, dated, and witnessed) to be legally valid. Whether you're single without children, married with a family, or have substantial assets, understanding how and when to use a codicil can save you time and money while ensuring your final wishes are properly documented and legally binding.
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Key Things to Know
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A codicil must be executed with the same legal formalities as a will—signed, dated, and properly witnessed according to your state's laws—to be valid.
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Store your codicil with your original will to ensure they're found together when needed. Consider informing your executor about the existence of both documents.
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Multiple codicils can create confusion and increase the risk of contradictions or legal challenges. If you've already made several codicils, creating a new will may be clearer.
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Life events such as marriage, divorce, birth of children, or significant changes in assets should trigger a review of your will and consideration of whether a codicil is appropriate.
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For high net worth individuals, even small changes via codicil can have significant tax implications. Always consult with a tax professional or estate attorney before making changes.
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Digital assets (cryptocurrency, online accounts, digital files) are increasingly important to include in estate planning. Consider using a codicil to address these if they weren't in your original will.
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Self-created codicils using online templates carry higher risks of invalidity. The modest cost of professional legal assistance is usually worth the peace of mind, especially for valuable estates.
Key decisions before you file
Before you file a Codicil in Alaska, a few decisions shape the document: which option to choose and what each one means. The Codicil guide walks through them.
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Alaska Requirements for Codicil
Testamentary Capacity (Alaska Stat. § 13.12.501)
The testator must be of sound mind, at least 18 years old, and understand the nature of making a codicil, the extent of their property, and the natural objects of their bounty.
Writing Requirement (Alaska Stat. § 13.12.502)
A codicil must be in writing to be valid under Alaska law, as it is subject to the same formalities as a will.
Signature Requirement (Alaska Stat. § 13.12.502(a)(1))
The codicil must be signed by the testator or by someone else in the testator's conscious presence and at the testator's direction.
Witness Requirements (Alaska Stat. § 13.12.502(a)(3))
The codicil must be signed by at least two individuals who witnessed either the signing of the codicil or the testator's acknowledgment of the signature or of the codicil.
Interested Witness (Alaska Stat. § 13.12.505)
A witness who is also a beneficiary under the codicil may still serve as a valid witness, though this may raise questions about undue influence.
Self-Proved Codicil (Alaska Stat. § 13.12.504)
A codicil may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before a notary public.
Holographic Codicil (Alaska Stat. § 13.12.502(b))
Alaska recognizes holographic wills and codicils, which must be written, signed, and dated in the testator's handwriting, but do not require witnesses.
Revocation by Subsequent Will (Alaska Stat. § 13.12.507(a)(1))
A codicil or will may be revoked by a subsequent will that revokes the prior will or part expressly or by inconsistency.
Revocation by Physical Act (Alaska Stat. § 13.12.507(a)(2))
A codicil may be revoked by performing a revocatory act on the codicil with the intent to revoke, such as burning, tearing, canceling, obliterating, or destroying.
Revival of Revoked Will (Alaska Stat. § 13.12.509)
If a subsequent will or codicil that revoked a previous will is itself revoked, the previous will remains revoked unless it is revived.
Choice of Law (Alaska Stat. § 13.12.506)
A written will or codicil is valid if executed in compliance with Alaska law or the law of the place where it was executed at the time of execution.
Incorporation by Reference (Alaska Stat. § 13.12.510)
A writing in existence when a codicil is executed may be incorporated by reference if the language of the codicil manifests this intent and describes the writing sufficiently.
Events of Independent Significance (Alaska Stat. § 13.12.512)
A codicil may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will.
Undue Influence (Alaska Stat. § 13.12.407)
A codicil or any part thereof is void if procured by undue influence, where someone exerts pressure that overcomes the testator's free will.
Fraud or Duress (Alaska Stat. § 13.12.407)
A codicil or any part thereof is void if procured by fraud or duress, which involves deception or compulsion that causes the testator to make dispositions they would not otherwise make.
Mistake (Alaska Stat. § 13.12.415)
Alaska courts may reform the terms of a will or codicil to conform to the testator's intention if clear and convincing evidence establishes both the mistake and the testator's actual intention.
Elective Share of Surviving Spouse (Alaska Stat. § 13.12.202)
A surviving spouse has the right to take an elective share of the decedent's estate, which may affect dispositions made in a codicil.
Exempt Property and Allowances (Alaska Stat. § 13.12.401-405)
Certain property and allowances for the surviving spouse and children are exempt from the probate estate and may take precedence over dispositions in a codicil.
Uniform Probate Code Compliance (Alaska Stat. § 13.06.005)
Alaska has adopted portions of the Uniform Probate Code, which provides standardized rules for the creation and execution of wills and codicils.
Federal Estate Tax Considerations (26 U.S.C. § 2001-2210)
Codicils should consider federal estate tax implications, including applicable exclusion amounts and marital deductions.