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.
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
Codicil Requirements
Gather complete personal information of the testator including full legal name, current address, date of birth, and contact information.
Document the testator's family structure including spouse/partner, children, and other potential beneficiaries or interested parties.
Oregon Requirements for Codicil
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.
A codicil must be in writing to be valid under Oregon law.
The codicil must be signed by the testator or by some other person in the testator's presence and by the testator's direction.
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.
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.
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.
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.
A codicil may be revoked by a subsequent will or codicil that expressly revokes the prior codicil or contains provisions inconsistent with it.
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.
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.
The codicil must clearly reference the original will it is modifying, including the date of the original will and specific provisions being changed.
The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
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.
Oregon does not recognize holographic (handwritten, unwitnessed) codicils unless they comply with all statutory formalities.
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.
The codicil must demonstrate clear testamentary intent to modify the existing will.
A codicil is invalid if it was the product of undue influence exerted upon the testator.
A codicil procured by fraud or duress may be declared invalid during probate proceedings.
Oregon has not yet adopted provisions for electronic wills or codicils; traditional execution requirements must be followed.
Codicils that affect the distribution of assets should consider potential federal estate tax implications and may need to include appropriate tax planning language.
Frequently Asked Questions
A codicil is a legal document that amends, rather than replaces, a previously executed will. It's essentially a supplement that can add to, subtract from, or modify the provisions in your existing will. The word 'codicil' comes from Latin, meaning a 'little codex' or small addition to a document. Codicils must be executed with the same legal formalities as a will, including being signed, dated, and witnessed according to your state's laws.
A codicil is typically appropriate for minor changes to your will, such as: changing an executor or trustee, adding or removing a specific bequest, updating a beneficiary's name (due to marriage or other circumstances), or clarifying language in the original will. However, if you're making substantial changes—like completely changing your beneficiaries, adding complex trust provisions, or if you've already made several codicils—it's often better to create a new will. For high net worth individuals with complex estates, consulting with an estate planning attorney is recommended before deciding between a codicil and a new will.
To create a valid codicil: 1) Clearly reference your original will by title and date; 2) Explicitly state that this document is a codicil to your existing will; 3) Clearly describe the specific changes you're making; 4) Affirm that all other provisions of your original will remain in effect; 5) Sign and date the codicil; 6) Have it witnessed by the number of witnesses required in your state (typically two); and 7) Store it with your original will. While you can find codicil templates online, it's advisable to have an attorney review or prepare your codicil, especially for high net worth individuals or those with complex estates.
Yes, codicils can be particularly useful for single individuals without children. Your circumstances may change over time—you might develop new relationships, support different charities, or acquire new assets. A codicil allows you to make targeted updates to your will as your life evolves. For example, you might use a codicil to add a new niece or nephew as a beneficiary, change the friend designated as your executor, or modify a charitable bequest. Without children as natural heirs, it's especially important to keep your will current to ensure your assets go exactly where you intend.
For married individuals with children, codicils offer flexibility as family dynamics change. You might use a codicil to: adjust inheritance distributions as children mature or have different needs, add provisions for new grandchildren, update guardianship designations for minor children, modify specific bequests of family heirlooms, or adjust trusts established for children. Codicils allow parents to fine-tune their estate plans without the expense and complexity of redrafting an entire will, ensuring their children and spouse are provided for according to current circumstances.
High net worth individuals should approach codicils with extra caution. While codicils can be convenient, they may not be sufficient for significant estate changes. Consider: 1) Tax implications—even minor changes could have major tax consequences; 2) Complex asset structures—changes to business interests or investment portfolios might require more comprehensive revisions; 3) Multiple jurisdictions—if you have assets in different states or countries, a simple codicil might not address all legal requirements; 4) Potential for contests—multiple amendments can sometimes create confusion that leads to will contests. For substantial estates, it's often advisable to consult with specialized estate planning attorneys and possibly create a new will rather than adding multiple codicils.
Yes, codicils can be challenged in court for the same reasons as wills: lack of testamentary capacity (the person wasn't mentally competent when creating it), undue influence (someone improperly pressured the person to make changes), fraud, or improper execution (not following legal formalities for signatures and witnesses). To minimize the risk of successful challenges: ensure proper execution according to your state's laws, document your mental capacity (especially for older individuals), keep clear records of why changes were made, and consider having your attorney document the process. For high net worth individuals whose estates are more likely to be contested, these precautions are particularly important.
The main alternative to a codicil is creating an entirely new will that revokes the previous one. This is often preferable when: making numerous or significant changes, your original will has already been amended multiple times, your life circumstances have changed dramatically (marriage, divorce, new children), or when tax laws have changed substantially. Other estate planning tools that might be used instead of or alongside codicils include: revocable living trusts (which can be amended without the formalities required for wills), transfer-on-death designations for certain assets, and powers of attorney for financial and healthcare decisions. An estate planning attorney can help determine the best approach for your specific situation.