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 Maryland, 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 entirely. However, for a codicil to be valid, it must comply with the same legal formalities as the original will. This means that the codicil must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who will not receive any benefits from the will. It is important to note that while a codicil can make specific changes to a will, it does not replace the original will. Instead, it is read in conjunction with the will and is considered part of the testamentary documents that express the testator's final wishes. If there are multiple codicils, they are taken into account in the order they were created. Due to the complexities involved in ensuring that a codicil properly reflects the testator's intentions and does not create conflicts with the existing will, it is often advisable to consult with an attorney when creating or amending a will through a codicil.