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 Oregon, 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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Oregon Requirements for Codicil
Testamentary Capacity (ORS 112.225)
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 (ORS 112.235)
A codicil must be in writing to be valid under Oregon law.
Signature Requirement (ORS 112.235)
The codicil must be signed by the testator or by some other person in the testator's presence and by the testator's direction.
Witness Requirements (ORS 112.235)
The codicil must be signed by at least two witnesses who witnessed either the signing or the testator's acknowledgment of the signature or of the codicil.
Witness Attestation (ORS 112.235)
Witnesses must sign the codicil within a reasonable time after witnessing the testator's signature or acknowledgment, and must understand they are signing as witnesses.
Interested Witness (ORS 112.270)
A witness who is also a beneficiary under the codicil may still serve as a valid witness, but may be subject to presumption of undue influence.
Self-Proving Affidavit (ORS 112.305)
A codicil may be made self-proved at the time of execution by attaching an affidavit signed by the testator and witnesses before a notary public.
Revocation by Subsequent Will or Codicil (ORS 112.285)
A codicil may be revoked by a subsequent will or codicil that expressly revokes the prior codicil or contains provisions inconsistent with it.
Revocation by Physical Act (ORS 112.285)
A codicil may be revoked by being burned, torn, canceled, obliterated, or destroyed with the intent to revoke by the testator or by another person in the testator's presence and by the testator's direction.
Incorporation by Reference (ORS 112.255)
A codicil may incorporate by reference any document in existence when the codicil is executed if the codicil manifests this intent and sufficiently identifies the document.
Clear Reference to Original Will (ORS 112.227)
The codicil must clearly reference the original will it is modifying, including the date of the original will and specific provisions being changed.
Republication by Codicil (ORS 112.295)
The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
Choice of Law Provisions (ORS 112.245)
A written will or codicil is valid if executed in compliance with Oregon law or the law of the place where it was executed, or where the testator was domiciled at the time of execution.
Holographic Codicils (ORS 112.235)
Oregon does not recognize holographic (handwritten, unwitnessed) codicils unless they comply with all statutory formalities.
Uniform Probate Code Influence (ORS Chapter 112)
While Oregon has not adopted the Uniform Probate Code in its entirety, many provisions of Oregon's probate laws are influenced by it and should be considered when drafting a codicil.
Testamentary Intent (ORS 112.227)
The codicil must demonstrate clear testamentary intent to modify the existing will.
Undue Influence (ORS 112.270)
A codicil is invalid if it was the product of undue influence exerted upon the testator.
Fraud or Duress (ORS 113.075)
A codicil procured by fraud or duress may be declared invalid during probate proceedings.
Electronic Wills and Codicils (ORS 112.235)
Oregon has not yet adopted provisions for electronic wills or codicils; traditional execution requirements must be followed.
Federal Estate Tax Considerations (26 U.S.C. § 2001)
Codicils that affect the distribution of assets should consider potential federal estate tax implications and may need to include appropriate tax planning language.