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 Maine, 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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Maine Requirements for Codicil
Testamentary Capacity (Maine Revised Statutes Title 18-C, § 2-501)
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 (Maine Revised Statutes Title 18-C, § 2-502)
A codicil must be in writing to be valid under Maine law, as it is subject to the same formalities as a will.
Signature Requirement (Maine Revised Statutes Title 18-C, § 2-502(1)(A))
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 (Maine Revised Statutes Title 18-C, § 2-502(1)(B))
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 (Maine Revised Statutes Title 18-C, § 2-505)
A witness who is also a beneficiary under the codicil may still serve as a valid witness, but this may raise a presumption of undue influence that could be challenged.
Self-Proving Affidavit (Maine Revised Statutes Title 18-C, § 2-504)
A codicil may be simultaneously executed with an attached affidavit of the testator and witnesses, making it self-proving and eliminating the need for witness testimony during probate.
Revocation by Subsequent Instrument (Maine Revised Statutes Title 18-C, § 2-507(1)(A))
A codicil may be revoked by a subsequent will or codicil that expressly revokes the previous codicil or contains provisions inconsistent with it.
Revocation by Physical Act (Maine Revised Statutes Title 18-C, § 2-507(1)(B))
A codicil may be revoked by the testator, or another person in the testator's conscious presence and at the testator's direction, performing a revocatory act on the codicil with the intent to revoke.
Integration with Original Will (Maine Revised Statutes Title 18-C, § 2-502)
A codicil must clearly reference the original will it is modifying and should be read together with the will as one integrated document.
Republication by Codicil (Maine Revised Statutes Title 18-C, § 2-509)
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.
Choice of Law Provisions (Maine Revised Statutes Title 18-C, § 2-506)
A codicil is valid if executed in compliance with Maine law or the law of the jurisdiction where executed at the time of execution, or where the testator was domiciled, had a place of abode, or was a national.
Notarization Not Required (Maine Revised Statutes Title 18-C, § 2-502)
Maine law does not require a codicil to be notarized to be valid, although notarization may be part of making the document self-proving.
Holographic Codicils (Maine Revised Statutes Title 18-C, § 2-502)
Maine does not recognize holographic (handwritten, unwitnessed) codicils unless they comply with all the formal requirements for a valid codicil.
Incorporation by Reference (Maine Revised Statutes Title 18-C, § 2-510)
A codicil may incorporate by reference any document in existence when the codicil is executed if the codicil manifests this intent and describes the document sufficiently.
Uniform Probate Code Compliance (Maine Revised Statutes Title 18-C)
Maine has adopted the Uniform Probate Code, so codicils must comply with its provisions as enacted in Maine law.
Undue Influence (Maine common law; Estate of Dodge, 576 A.2d 755 (Me. 1990))
A codicil is invalid if it was procured by undue influence, which occurs when someone exerts pressure that overcomes the testator's free will.
Fraud or Duress (Maine common law)
A codicil procured by fraud or duress is invalid under Maine law.
Mistake (Maine Revised Statutes Title 18-C, § 2-805)
A codicil may be reformed to correct mistakes if clear and convincing evidence establishes that the testator's intent and the terms of the codicil were affected by a mistake of fact or law.
Electronic Wills and Codicils (Maine Revised Statutes Title 18-C, § 2-502)
Maine has not adopted provisions for electronic wills or codicils, so traditional paper documents with physical signatures are required.
Federal Tax Considerations (Internal Revenue Code § 2001 et seq.)
Codicils that affect the disposition of assets may have federal estate tax implications and should be drafted with consideration of current federal estate tax laws.