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 Michigan, 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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Michigan Requirements for Codicil
Testamentary Capacity (MCL 700.2501)
The testator must be of sound mind and memory, at least 18 years of age, and understand the nature of their property, the natural objects of their bounty, and the disposition they are making.
Writing Requirement (MCL 700.2502)
A codicil must be in writing to be valid under Michigan law, as it is considered an amendment to a will and must follow the same formalities.
Signature Requirement (MCL 700.2502(1)(b))
The codicil must be signed by the testator or by some other individual in the testator's conscious presence and by the testator's direction.
Witness Requirements (MCL 700.2502(1)(c))
The codicil must be signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the codicil or the testator's acknowledgment of that signature or acknowledgment of the codicil.
Self-Proved Codicil (MCL 700.2504)
A codicil may be simultaneously executed, attested, and made self-proved by acknowledgment of the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs.
Holographic Codicil (MCL 700.2502(2))
A codicil that does not comply with the witness requirements is valid as a holographic codicil if the material portions are in the testator's handwriting and signed by the testator.
Revocation by Writing (MCL 700.2507(1)(a))
A codicil or any part of it is revoked by a subsequent will or codicil that revokes the prior will or part expressly or by inconsistency.
Revocation by Physical Act (MCL 700.2507(1)(b))
A codicil or any part of it is revoked by performing a revocatory act on the codicil, such as burning, tearing, canceling, obliterating, or destroying, with the intent to revoke.
Revival of Revoked Will (MCL 700.2509)
If a subsequent will or codicil that wholly revoked a previous will is thereafter revoked by a revocatory act, the previous will remains revoked unless it is revived.
Choice of Law (MCL 700.2506)
A written codicil is valid if its execution complies with the law at the time of execution of the place where the codicil is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled.
Incorporation by Reference (MCL 700.2510)
A writing in existence when a codicil is executed may be incorporated by reference if the language of the codicil manifests this intent and describes the writing sufficiently to permit its identification.
Events of Independent Significance (MCL 700.2512)
A codicil may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the codicil, whether they occur before or after the execution of the codicil or before or after the testator's death.
Interested Witness (MCL 700.2505)
A codicil is not invalid because it is signed by an interested witness, but unless there are at least 2 other disinterested witnesses, the interested witness may forfeit any excess benefit.
Testamentary Additions to Trusts (MCL 700.2511)
A codicil may validly devise property to the trustee of a trust established or to be established during the testator's lifetime or at death, if the trust is identified in the testator's will and its terms are set forth in a written instrument.
Uniform Simultaneous Death Act (MCL 700.2702)
If the order of deaths of the testator and a beneficiary cannot be determined, the beneficiary is deemed to have predeceased the testator for purposes of homestead allowance, exempt property, and intestate succession.
Anti-Lapse Provision (MCL 700.2603)
If a devisee who is a grandparent or a descendant of a grandparent of the testator is dead at the time of execution of the codicil, fails to survive the testator, or is treated as if he or she predeceased the testator, the issue of the deceased devisee take in place of the deceased devisee.
Slayer Statute (MCL 700.2803)
An individual who feloniously and intentionally kills the decedent forfeits all benefits with respect to the decedent's estate, including an interest as a beneficiary in a will or codicil of the decedent.
Ademption by Extinction (MCL 700.2606)
A specific devise in a codicil fails if the specifically devised property is not in the testator's estate at death.
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.
Electronic Signatures (MCL 450.831 et seq.)
Michigan has adopted the Uniform Electronic Transactions Act, but electronic signatures are generally not accepted for wills and codicils in Michigan unless they meet specific requirements.