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 Illinois, 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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Illinois Requirements for Codicil
Testamentary Capacity (755 ILCS 5/4-1)
The testator must be of sound mind and memory when executing the codicil, meaning they understand the nature of making a codicil, the extent of their property, and the natural objects of their bounty.
Age Requirement (755 ILCS 5/4-1)
The testator must be at least 18 years of age to execute a valid codicil in Illinois.
Writing Requirement (755 ILCS 5/4-3)
A codicil must be in writing to be valid in Illinois. Oral codicils are not recognized.
Signature Requirement (755 ILCS 5/4-3)
The codicil must be signed by the testator or by some person in the testator's presence and by their direction.
Witness Requirements (755 ILCS 5/4-3)
The codicil must be attested to in the presence of the testator by two or more credible witnesses who must also sign the codicil in the presence of the testator.
Interested Witness Rule (755 ILCS 5/4-6)
A beneficial gift to a witness is void unless the codicil is also witnessed by two disinterested witnesses, though the witness may still inherit through intestate succession.
Incorporation by Reference (755 ILCS 5/4-4)
A codicil may incorporate by reference any document or paper existing at the time of execution if the document is sufficiently identified and described in the codicil.
Revocation of Codicil (755 ILCS 5/4-7)
A codicil may be revoked by burning, canceling, tearing, or obliterating it by the testator or by someone else in their presence and by their direction, or by execution of a subsequent codicil that expressly or implicitly revokes the prior codicil.
Revival of Revoked Will (755 ILCS 5/4-9)
A codicil may revive a previously revoked will if it shows the testator's intention to revive the will, either expressly or by implication.
Self-Proving Affidavit (755 ILCS 5/6-4)
A codicil may be made self-proving at the time of its execution or at any subsequent date by the acknowledgment of the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths.
Foreign Executed Codicil (755 ILCS 5/7-1)
A codicil executed outside of Illinois is valid in Illinois if it complies with the law of the place where it was executed or with the law of the testator's domicile at the time of execution.
Simultaneous Death Provision (755 ILCS 5/3-1)
If the order of deaths between the testator and a beneficiary cannot be determined, the beneficiary is deemed to have predeceased the testator for purposes of the codicil, unless the codicil contains language dealing explicitly with simultaneous deaths or deaths in a common disaster.
No-Contest Clause Enforceability (In re Estate of Wojtalewicz, 93 Ill. App. 3d 1061 (1981))
Illinois generally recognizes and enforces no-contest clauses (in terrorem clauses) in wills and codicils, which can disinherit beneficiaries who challenge the validity of the document.
Testamentary Trust Creation (760 ILCS 5/1 et seq.)
A codicil may create or modify a testamentary trust, which must comply with both the requirements for valid codicils and the Illinois Trust and Trustees Act.
Rule Against Perpetuities (765 ILCS 305/1 et seq.)
Any interests created by a codicil must vest, if at all, not later than 21 years after the death of a life in being at the creation of the interest, unless the codicil opts into the statutory rule against perpetuities.
Slayer Statute (755 ILCS 5/2-6)
A person who intentionally and unjustifiably causes the death of the testator is not entitled to any benefits under the will or codicil, and the estate passes as if the killer had predeceased the testator.
Pretermitted Heir Protection (755 ILCS 5/4-10)
A child born or adopted after the execution of a will or codicil who is not provided for in the will or codicil may receive an intestate share unless it appears from the will or codicil that the omission was intentional.
Spouse's Award (755 ILCS 5/15-1)
A surviving spouse is entitled to a spouse's award from the estate, which takes precedence over most other claims and cannot be waived except in a written instrument signed by the spouse.
Federal Estate Tax Compliance (26 U.S.C. § 2001 et seq.)
The codicil should address federal estate tax considerations, including marital deductions, charitable deductions, and generation-skipping transfer tax exemptions, if applicable to the testator's estate.
Digital Assets Access (755 ILCS 70/1 et seq.)
The codicil may include provisions for the handling of digital assets under the Revised Uniform Fiduciary Access to Digital Assets Act, which Illinois has adopted.