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 Kansas, 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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Kansas Requirements for Codicil
Testamentary Capacity (K.S.A. § 59-601)
The testator must be of sound mind, at least 18 years old, and capable of understanding the nature of making a codicil, the extent of their property, and the natural objects of their bounty.
Writing Requirement (K.S.A. § 59-606)
A codicil must be in writing to be valid under Kansas law. Oral codicils are not recognized.
Signature Requirement (K.S.A. § 59-606)
The codicil must be signed at the end by the testator or by someone in the testator's presence and at their direction.
Witness Requirements (K.S.A. § 59-606)
The codicil must be witnessed by two competent witnesses who sign in the presence of the testator and in the presence of each other.
Self-Proving Affidavit (K.S.A. § 59-606a)
A codicil may include a self-proving affidavit, which eliminates the need for witnesses to appear in court to verify their signatures during probate.
Incorporation by Reference (K.S.A. § 59-613)
The codicil must clearly reference the original will it is modifying, including the date of the original will.
Revocation of Prior Codicils (K.S.A. § 59-611)
A codicil should specify whether it revokes any prior codicils or is intended to be read in conjunction with them.
Republication by Codicil (K.S.A. § 59-613)
A properly executed codicil republishes the 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.
Interested Witness Rule (K.S.A. § 59-604)
A witness to a codicil who is also a beneficiary may still inherit, but this could raise questions about undue influence.
Holographic Codicils (K.S.A. § 59-606)
Kansas does not recognize holographic (handwritten, unwitnessed) codicils as valid testamentary instruments.
Revocation by Physical Act (K.S.A. § 59-611)
A codicil can be revoked by a subsequent codicil or will, or by the testator performing a physical act of destruction with the intent to revoke.
Marriage After Execution (K.S.A. § 59-610)
Marriage after executing a codicil does not automatically revoke the codicil in Kansas, unlike in some other states.
Divorce After Execution (K.S.A. § 59-610)
Divorce after executing a codicil automatically revokes any provisions in favor of the former spouse, unless the codicil expressly provides otherwise.
Testamentary Intent (K.S.A. § 59-606)
The codicil must clearly express the testator's intent to modify the existing will and must be executed with testamentary intent.
Undue Influence (K.S.A. § 59-2201)
A codicil may be invalidated if it was procured through undue influence, where someone exerted excessive pressure on the testator.
Fraud or Duress (K.S.A. § 59-2201)
A codicil executed under fraud or duress may be invalidated during probate proceedings.
Simultaneous Death Provision (K.S.A. § 58-708)
The Uniform Simultaneous Death Act applies to codicils in Kansas, addressing situations where the testator and a beneficiary die simultaneously.
Electronic Wills and Codicils (K.S.A. § 59-606)
Kansas has not adopted legislation recognizing electronic wills or codicils; traditional paper documents with physical signatures are required.
Probate Filing Requirements (K.S.A. § 59-617)
A codicil must be filed with the probate court along with the original will within six months after the testator's death to be effective.
Federal Estate Tax Considerations (26 U.S.C. § 2001)
Codicils that affect the distribution of assets must consider federal estate tax implications, particularly for estates exceeding the federal exemption amount.