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 Arkansas, 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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Arkansas Requirements for Codicil
Testamentary Capacity (A.C.A. § 28-25-101)
The testator must be of sound mind and at least 18 years of age when executing a codicil, possessing sufficient mental capacity to understand the nature of the document, the extent of their property, and the natural objects of their bounty.
Writing Requirement (A.C.A. § 28-25-103)
A codicil must be in writing to be valid in Arkansas. Oral codicils are not recognized under Arkansas law.
Signature Requirement (A.C.A. § 28-25-103)
The codicil must be signed by the testator or by someone in the testator's presence and at their direction if they are physically unable to sign.
Witness Requirements (A.C.A. § 28-25-103)
The codicil must be signed by at least two competent witnesses who witnessed either the signing of the codicil or the testator's acknowledgment of the signature or of the codicil.
Interested Witness (A.C.A. § 28-25-102)
A witness who is also a beneficiary under the codicil may still serve as a valid witness, but may be subject to limitations on their inheritance if they are an interested witness.
Self-Proving Affidavit (A.C.A. § 28-25-106)
A codicil may be made self-proving at the time of its execution by attaching an affidavit signed by the testator and witnesses before a notary public, which can simplify the probate process.
Revocation of Codicil (A.C.A. § 28-25-109)
A codicil may be revoked by a subsequent will or codicil that expressly revokes it, or by a physical act of destruction with the intent to revoke.
Integration with Original Will (A.C.A. § 28-25-107)
A codicil must clearly reference the original will it is modifying and should be read together with the original will as one integrated document.
Republication by Codicil (A.C.A. § 28-25-107)
A properly executed codicil republishes the original will as of the date of the codicil, incorporating any changes in the law that occurred between the execution of the will and the codicil.
Holographic Codicil (A.C.A. § 28-25-104)
Arkansas recognizes holographic (handwritten) codicils that are entirely in the handwriting of the testator and signed by them, without the need for witness signatures.
Choice of Law (A.C.A. § 28-25-105)
A codicil executed in another state may be valid in Arkansas if it complies with the law of the place where it was executed or where the testator was domiciled at the time of execution.
Simultaneous Death Provision (A.C.A. § 28-10-201 et seq.)
Arkansas follows the Uniform Simultaneous Death Act, which may affect provisions in a codicil regarding the distribution of property when the testator and a beneficiary die simultaneously.
Pretermitted Heir Protection (A.C.A. § 28-39-407)
A child born or adopted after the execution of a will or codicil who is not provided for in the will or codicil may be entitled to a share of the estate under Arkansas law.
Spousal Elective Share (A.C.A. § 28-39-401)
A surviving spouse may elect to take against the will and any codicils, claiming a statutory share of the estate regardless of the provisions in these documents.
No-Contest Clause Enforcement (A.C.A. § 28-25-101 et seq.)
Arkansas generally enforces no-contest clauses (in terrorem clauses) in wills and codicils that disinherit beneficiaries who challenge the validity of the document.
Ademption by Extinction (A.C.A. § 28-26-104)
If a specific bequest in a codicil is no longer part of the estate at the time of death, the gift fails under the doctrine of ademption by extinction.
Rule Against Perpetuities (A.C.A. § 18-3-101 et seq.)
Provisions in a codicil must comply with Arkansas's rule against perpetuities, which limits the duration of certain future interests in property.
Federal Estate Tax Considerations (26 U.S.C. § 2001 et seq.)
A codicil should consider federal estate tax implications, including marital deductions, exemption amounts, and generation-skipping transfer taxes.
Digital Assets Access (A.C.A. § 28-75-101 et seq.)
Arkansas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which allows a testator to use a will or codicil to give an executor authority to access digital assets.
Uniform Transfers to Minors Act (A.C.A. § 9-26-201 et seq.)
A codicil may include provisions for gifts to minors under the Arkansas Uniform Transfers to Minors Act, designating a custodian to manage property until the minor reaches the age of majority.