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 Vermont, 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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Vermont Requirements for Codicil
Testamentary Capacity (14 V.S.A. § 1)
The testator must be of sound mind and memory, understanding the nature of their actions when executing the codicil. This includes understanding the extent of their property, recognizing the natural objects of their bounty, and comprehending the disposition being made.
Age Requirement (14 V.S.A. § 1)
The testator must be at least 18 years of age or an emancipated minor to execute a valid codicil.
Writing Requirement (14 V.S.A. § 3)
A codicil must be in writing to be valid in Vermont. Oral codicils are not recognized under Vermont law.
Signature Requirement (14 V.S.A. § 3)
The codicil must be signed by the testator or by some other person subscribing the testator's name in the testator's presence and by the testator's express direction.
Witness Requirements (14 V.S.A. § 3)
The codicil must be signed by at least two credible witnesses who sign in the presence of the testator and in the presence of each other.
Interested Witness (14 V.S.A. § 10)
A beneficiary who also serves as a witness to the codicil is not automatically disqualified from receiving their bequest, but it may raise questions about undue influence.
Self-Proving Affidavit (14 V.S.A. § 108)
While not required, a codicil may include a self-proving affidavit where the testator and witnesses acknowledge under oath before a notary that the document was properly executed, which simplifies the probate process.
Revocation by Subsequent Will (14 V.S.A. § 11)
A codicil may be revoked by a subsequent will or codicil that expressly revokes it or contains provisions inconsistent with it.
Revocation by Physical Act (14 V.S.A. § 11)
A codicil may be revoked by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke it by the testator or by another person in the testator's presence and by the testator's direction.
Clear Reference to Original Will (14 V.S.A. § 3)
The codicil must clearly reference the original will it is modifying, including the date of the original will and specific provisions being changed or added.
Republication by Codicil (14 V.S.A. § 101)
A properly executed codicil republishes the 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.
Undue Influence Prohibition (Estate of Leno v. Meunier, 144 Vt. 525 (1984))
A codicil must be executed free from undue influence, fraud, or duress. Evidence of such may invalidate the codicil.
Choice of Law Provisions (14 V.S.A. § 112)
Vermont generally recognizes codicils executed in compliance with the law of the place where executed or where the testator was domiciled at the time of execution.
Simultaneous Death Provision (14 V.S.A. § 551)
Under the Uniform Simultaneous Death Act as adopted in Vermont, if the testator and a beneficiary die simultaneously, the beneficiary is deemed to have predeceased the testator unless the codicil or will provides otherwise.
Tax Apportionment (14 V.S.A. § 1951)
A codicil may specify how estate taxes should be apportioned among beneficiaries, overriding Vermont's default apportionment rules.
Electronic Wills and Codicils (14 V.S.A. § 3)
Vermont has not adopted the Uniform Electronic Wills Act, so electronic codicils are not valid. A codicil must be on physical paper with physical signatures.
Incorporation by Reference (In re Estate of Kurrelmeyer, 179 Vt. 359 (2006))
A codicil may incorporate by reference any document in existence at the time of the codicil's execution if the codicil manifests this intent and sufficiently describes the document.
Rule Against Perpetuities (27 V.S.A. § 501)
Vermont follows the common law Rule Against Perpetuities, which limits the duration of certain future interests. A codicil creating interests in property must comply with this rule.
Federal Estate Tax Considerations (26 U.S.C. § 2001 et seq.)
A codicil should consider federal estate tax implications, including marital deductions, charitable deductions, and generation-skipping transfer taxes.
Americans with Disabilities Act Compliance (42 U.S.C. § 12101 et seq.)
If the testator has a disability, reasonable accommodations should be made during the execution of the codicil to ensure validity under both federal and state law.