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 Wisconsin, 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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Wisconsin Requirements for Codicil
Testamentary Capacity (Wis. Stat. § 853.01)
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 (Wis. Stat. § 853.03)
A codicil must be in writing to be valid under Wisconsin law.
Signature Requirement (Wis. Stat. § 853.03(1))
The codicil must be signed by the testator or in the testator's name by some other person in the testator's conscious presence and by the testator's direction.
Witness Requirements (Wis. Stat. § 853.03(2))
The codicil must be signed by at least two competent witnesses who signed within a reasonable time after witnessing either the signing of the codicil or the testator's acknowledgment of the signature or of the codicil.
Interested Witness (Wis. Stat. § 853.07)
A witness who is also a beneficiary under the codicil may still serve as a valid witness, but may be subject to limitations on their inheritance if they are an interested witness.
Self-Proving Affidavit (Wis. Stat. § 853.04)
A codicil may be simultaneously executed with an attached affidavit of the testator and witnesses to make it self-proving, eliminating the need for witness testimony during probate.
Revocation by Physical Act (Wis. Stat. § 853.11(1)(b))
A codicil may be revoked by burning, tearing, canceling, obliterating, or destroying it with the intent and purpose of revoking it.
Revocation by Subsequent Instrument (Wis. Stat. § 853.11(1)(a))
A codicil may be revoked by a subsequent will or codicil that revokes the prior codicil expressly or by inconsistency.
Revival of Revoked Will (Wis. Stat. § 853.11(6))
If a codicil that revoked a previous will in whole or in part is itself revoked, the previous will remains revoked unless it is revived.
Choice of Law (Wis. Stat. § 853.05)
A codicil is valid if executed in compliance with Wisconsin law or the law of the place where the codicil was executed or where the testator was domiciled, had a place of abode, or was a national at the time of execution.
Incorporation by Reference (Wis. Stat. § 853.32)
A codicil may incorporate by reference any document in existence when the codicil is executed if the codicil manifests this intent and describes the document sufficiently.
Reference to Acts and Events (Wis. Stat. § 853.325)
A codicil may dispose of property by reference to acts and events that have significance apart from their effect upon the disposition made by the codicil.
Holographic Codicils (Wis. Stat. § 853.03)
Wisconsin does not recognize holographic (handwritten, unwitnessed) codicils unless they comply with all statutory formalities.
Contractual Wills (Wis. Stat. § 853.13)
A contract not to revoke a will or codicil can be established only by provisions of the will or codicil stating the material provisions of the contract, or express reference to a contract and extrinsic evidence proving the terms.
Marital Property (Wis. Stat. § 766.31)
Wisconsin is a marital property state, and a codicil must account for the surviving spouse's rights to marital property under Wisconsin law.
Elective Share (Wis. Stat. § 861.02)
A surviving spouse may have rights to elect against the will and any codicils, potentially affecting the distribution of assets under the codicil.
Ademption (Wis. Stat. § 853.35)
If a specific bequest in a codicil is no longer in the testator's estate at death, the gift may be adeemed (eliminated) unless statutory exceptions apply.
Simultaneous Death (Wis. Stat. § 854.03)
If the testator and a beneficiary die in circumstances where it cannot be determined who died first, the beneficiary is deemed to have predeceased the testator unless the codicil provides otherwise.
Federal Estate Tax Considerations (26 U.S.C. § 2001 et seq.)
A codicil should consider federal estate tax implications, including marital deductions, exemption amounts, and generation-skipping transfer taxes.
Electronic Wills and Codicils (Wis. Stat. § 853.03)
Wisconsin has not adopted provisions for electronic wills or codicils, so traditional execution requirements must be followed.