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 Maryland, 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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Maryland Requirements for Codicil
Testamentary Capacity (Maryland Estates and Trusts Code § 4-101)
The testator must be of sound mind and memory, at least 18 years of age, and capable of understanding the nature of making a codicil, the extent of their property, and the natural objects of their bounty.
Writing Requirement (Maryland Estates and Trusts Code § 4-102)
A codicil must be in writing to be valid in Maryland. Oral codicils are not recognized under Maryland law.
Signature Requirement (Maryland Estates and Trusts Code § 4-102)
The codicil must be signed by the testator, or by some other person for the testator, in the testator's physical presence and by the testator's express direction.
Witness Requirements (Maryland Estates and Trusts Code § 4-102)
The codicil must be attested and signed by two or more credible witnesses in the presence of the testator. The witnesses must sign in the presence of each other.
Interested Witness (Maryland Estates and Trusts Code § 4-104)
A witness to a codicil who is also a beneficiary under the codicil is not automatically disqualified, but the gift to the interested witness may be void unless there are at least two other disinterested witnesses.
Self-Proving Affidavit (Maryland Estates and Trusts Code § 4-102)
A codicil may be made self-proving at the time of execution or at a later date by attaching an affidavit signed by the testator and witnesses before a notary public, eliminating the need for witness testimony during probate.
Revocation by Subsequent Instrument (Maryland Estates and Trusts Code § 4-105)
A codicil may be revoked by a subsequent will or codicil that expressly revokes the prior codicil or contains provisions inconsistent with the prior codicil.
Revocation by Physical Act (Maryland Estates and Trusts Code § 4-105)
A codicil may be revoked by burning, tearing, canceling, obliterating, or destroying the same, by the testator, or by some other person in the testator's presence and by the testator's express direction and consent.
Incorporation by Reference (Maryland Estates and Trusts Code § 4-107)
A codicil may incorporate by reference any document in existence at the time of executing the codicil, if the codicil manifests this intent and sufficiently describes the document.
Republication by Codicil (Maryland Estates and Trusts Code § 4-108)
The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil, as of the date of the codicil.
Choice of Law Provisions (Maryland Estates and Trusts Code § 4-104)
A codicil is valid if executed in compliance with Maryland law or with the law of the jurisdiction where it was executed, or where the testator was domiciled, had a place of abode, or was a national at the time of execution or death.
Holographic Codicils (Maryland Estates and Trusts Code § 4-103)
Maryland does not recognize holographic codicils (those written entirely in the testator's handwriting but not properly witnessed) unless they were executed in a jurisdiction that recognizes such documents.
Simultaneous Death Provisions (Maryland Estates and Trusts Code § 4-401)
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 common disasters.
Slayer Statute (Maryland Estates and Trusts Code § 11-112)
A person who feloniously and intentionally kills 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.
Elective Share Protection (Maryland Estates and Trusts Code § 3-203)
A surviving spouse may elect to take a statutory share of the deceased spouse's estate instead of the provision made in the will and any codicils, which may affect the distribution of assets under the codicil.
Rule Against Perpetuities (Maryland Estates and Trusts Code § 11-102)
Provisions in a codicil are subject to the rule against perpetuities, which invalidates contingent interests that might vest too remotely in the future.
Tax Apportionment (Maryland Tax-General Code § 7-308)
Unless the codicil provides otherwise, federal and state estate taxes are apportioned among all persons interested in the estate in proportion to the value of their interests.
Digital Assets Access (Maryland Estates and Trusts Code § 15-601)
A codicil may include provisions for the disclosure of digital assets to fiduciaries in accordance with the Maryland Fiduciary Access to Digital Assets Act.
Federal Estate Tax Considerations (26 U.S.C. § 2001 et seq.)
Codicils must consider federal estate tax implications, including marital deductions, charitable deductions, and generation-skipping transfer taxes that may affect the overall estate plan.
Americans with Disabilities Act Compliance (42 U.S.C. § 12101 et seq.)
Accommodations may be necessary for testators with disabilities to execute a valid codicil, ensuring equal access to legal services in compliance with federal disability law.