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Wills, trusts, and estates

codicil

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 New York, a codicil is a legal instrument that is used to make changes to an existing will. It must be executed with the same formalities as a will, which means it needs to be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals who must also sign the codicil. A codicil can add to, subtract from, or otherwise modify the terms of the will it amends. It does not replace the entire will but only those provisions it expressly changes. If a testator wants to make several or substantial changes, it may be advisable to create a new will to avoid confusion and potential challenges to the will's validity. It's important to note that a codicil that is improperly executed may not be given effect, which could result in the original will's provisions remaining operative. An attorney can provide guidance on whether a codicil is appropriate or if drafting a new will is more suitable for the testator's intentions.

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Understanding Codicils: An Essential Guide to Amending Your Will

In the world of wills and estate planning, there's a savvy solution to avoid this hassle, and it's called a codicil. A codicil is like a legal 'P.S.' to your will. It allows you to make specific changes or additions without needing a full rewrite.

New-York State Code

Wills, trusts, and estates