A codicil is a supplement to a previous will that adds to, modifies, amends, or revokes one or more provisions of the earlier will. Laws regarding codicils vary from state to state and in some states a codicil may not replace an earlier will—but in some states it may.
In California, a codicil is a legal instrument that is used to make changes to an existing will. It can add to, modify, amend, or revoke provisions of the will without the need to draft a new will from scratch. However, the codicil must comply with the same legal formalities as the original will to be valid. This means it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who are present at the same time and understand that the document is the testator's will or codicil. A codicil can be a practical way to make minor changes, but if there are substantial changes to be made, it may be advisable to create a new will to avoid confusion and potential legal disputes after the testator's death. An attorney can provide guidance on whether a codicil is appropriate for a testator's specific circumstances and ensure that it is executed correctly.