AI Lawyer Blog

Codicil to Will Template (Free Download + AI Generator)

Greg Mitchell | Legal consultant at AI Lawyer

3

minutes to read

Downloaded 2898 times

Life is constantly changing—marriages, divorces, births, new property, or even charitable intentions can alter how you want your estate distributed. Instead of rewriting an entire will, you may choose to add a Codicil to Will, a legal amendment that updates or clarifies specific provisions in your existing will.

Codicils provide a convenient and cost-effective way to keep your estate plan up to date. However, they must follow the same legal formalities as a will to be valid. This guide explains what a codicil is, why you might need one in 2025, and how to draft and execute it properly.

Download the free Codicil to Will template or customize one with our AI Generator — then have a local attorney review before you sign.



Table of Contents


  1. What is a Codicil to Will?

  2. Why You Might Need a Codicil in 2025

  3. Key Components of a Codicil to Will

  4. Types of Changes You Can Make with a Codicil

  5. Step-by-Step Guide to Drafting a Codicil

  6. Legal Context and State Requirements

  7. International Considerations for Codicils

  8. Tips for Maximizing a Codicil’s Effectiveness

  9. Codicil Checklist

  10. FAQs



1. What is a Codicil to Will?


A Codicil to Will is a legal document that modifies, clarifies, or revokes specific provisions in an existing will without rewriting the entire document. It acts as an official amendment, formally incorporated into the original will once executed and witnessed.

Codicils are useful when the majority of your will remains accurate, but you want to make targeted changes, such as updating an executor, adding a beneficiary, or altering a gift. Importantly, a codicil must be signed and witnessed with the same formalities as the original will. If not properly executed, it risks being contested or invalidated during probate.



2. Why You Might Need a Codicil in 2025?


A will should reflect your current wishes and life circumstances. In 2025, codicils remain popular because they allow quick updates without replacing the entire will. Common scenarios include:

  • Changing executors or guardians: You may wish to appoint a new executor or guardian due to death, relocation, or loss of trust

  • Updating beneficiaries: To include new family members, remove ex-spouses, or add charitable organizations

  • Modifying gifts: Adjusting specific bequests, such as adding property or updating amounts left to beneficiaries

  • Correcting errors: Fixing spelling mistakes, legal descriptions, or misstatements in the original will

  • Revoking clauses: Removing outdated or unnecessary provisions

According to Caring.com’s 2024 estate planning survey, only 32% of Americans have an updated will, and many rely on codicils to keep documents current as life circumstances change. 



3. Key Components of a Codicil to Will


To ensure a codicil is valid, it must be clear, precise, and executed with the same formality as a will. Essential elements include:

  • Testator identification: Your full legal name and confirmation that you are of sound mind

  • Reference to original will: Clear mention of the date and location of execution of the original will

  • Statement of amendment: A declaration of which clauses or provisions are being changed, revoked, or added

  • Specific modifications: Detailed description of the updates being made

  • Confirmation of unchanged provisions: Language reaffirming that all other sections of the will remain in effect

  • Witness signatures: Typically two disinterested witnesses required, though state laws vary

  • Notarization: Optional in some states, but a self-proving affidavit attached to a codicil can speed up probate



4. Types of Changes You Can Make with a Codicil


Codicils can address a variety of estate planning needs. Examples include:

  • Executor changes: Updating your executor or appointing an alternate

  • Beneficiary updates: Adding new beneficiaries, removing deceased ones, or altering distribution percentages

  • Property adjustments: Changing how real estate, vehicles, or valuable items are distributed

  • Charitable donations: Adding or removing charitable gifts or organizations

  • Guardianship modifications: Updating guardians for minor children or dependents

While codicils are effective for targeted updates, major revisions (such as overhauling most provisions) are better handled by drafting a new will to avoid confusion.



5. Step-by-Step Guide to Drafting a Codicil


Before creating a codicil, review your original will and identify exactly what needs to be changed. Then proceed with these steps:

  • Step 1 — Review your existing will: Identify clauses or provisions that are outdated or inaccurate

  • Step 2 — Draft the codicil language: Clearly reference your original will and specify changes

  • Step 3 — Include reaffirmation language: State that the rest of your will remains valid and unchanged

  • Step 4 — Sign in presence of witnesses: Follow state rules for the number and qualifications of witnesses

  • Step 5 — Attach to your will: Store the codicil with the original will to ensure they are read together during probate

  • Step 6 — Notify executor and attorney: Let your executor and estate lawyer know a codicil exists

  • Step 7 — Update as necessary: Review periodically; too many codicils may confuse matters and necessitate a new will



6. Legal Context and State Requirements


Codicils are governed by state probate laws, and requirements vary. Generally, they must follow the same rules as wills:

  • Signed by the testator in writing

  • Witnessed by at least two disinterested adults

  • Executed with testamentary capacity (of sound mind)

Most states discourage handwritten (holographic) codicils because they are prone to disputes. Courts may reject codicils not meeting statutory formalities.

The Uniform Probate Code (UPC), adopted in many states, provides consistent guidance on execution requirements and the treatment of codicils as integral parts of wills. 



7. International Considerations for Codicils


In cross-border situations, codicils raise additional complications. International considerations include:

  • Jurisdictional differences: Some countries do not recognize codicils, requiring a new will instead

  • Language requirements: Codicils may need certified translation for probate courts abroad

  • Property in multiple countries: Different rules may apply depending on where assets are located

  • Recognition of foreign codicils: Not all jurisdictions will honor amendments made in another country

If you have international assets or beneficiaries, it is often better to draft separate wills for each jurisdiction rather than relying solely on codicils.



8. Tips for Maximizing a Codicil’s Effectiveness


A codicil can be a simple tool if drafted correctly. To maximize effectiveness:

  • Be precise: Clearly identify the clause or section being changed to avoid ambiguity

  • Limit the number of codicils: Too many amendments create confusion; consolidate changes in a new will if necessary

  • Use witnesses carefully: Ensure witnesses are impartial and not beneficiaries

  • Add a self-proving affidavit: Though optional, it can streamline probate

  • Review regularly: Life changes may require multiple updates, so review your will and codicils every 3–5 years

By following these practices, you ensure your codicil serves its purpose without creating complications.



9. Codicil Checklist


  • Full legal name and confirmation of testamentary capacity

  • Reference to original will (date and execution details)

  • Clear statement of changes being made

  • Confirmation of all other provisions remaining intact

  • Witness signatures and dates

  • Notarization or self-proving affidavit where permitted

  • Secure storage with the original will

Download the Full Checklist Here



10. FAQs


Q: Is a codicil legally binding?
A: Yes. A codicil carries the same legal force as the original will when executed properly. It must be signed, dated, and witnessed according to state law, and in some cases notarized. Courts treat codicils as an official part of the will, meaning your changes are enforceable during probate. Problems only arise if execution formalities are not followed, or if there is evidence of fraud, coercion, or lack of mental capacity at the time of signing.

Q: When should I use a codicil instead of writing a new will?
A: A codicil is most appropriate for small, targeted updates such as changing executors, modifying a single gift, or adding a new beneficiary. It saves time and money compared to drafting a whole new will. However, if your circumstances have changed significantly—such as remarriage, multiple new beneficiaries, or major asset changes—it is better to create a new will. Too many codicils can create confusion and invite challenges in probate.

Q: Can I write my own codicil without a lawyer?
A: Yes, you can, and many people use templates for simple amendments. But legal risks are high if you do not follow state witness or notarization requirements. Even small wording errors can make your codicil unclear or invalid, leading to disputes among heirs. A lawyer can ensure your codicil is drafted precisely, matches your state’s laws, and does not conflict with other estate planning documents. This reduces the risk of litigation later on.

Q: How many codicils can I have?
A: Legally, there is no limit to the number of codicils you can add. However, each additional codicil increases the complexity of your estate plan. Multiple amendments may confuse executors and courts, especially if provisions contradict one another. Probate judges prefer clarity, and beneficiaries may contest if instructions seem inconsistent. For this reason, most experts recommend no more than two codicils before consolidating your wishes into a brand-new will.

Q: Do codicils work internationally?
A: Not always. Some countries do not recognize codicils, or they require additional legal procedures such as certified translations or notarization. If you own property abroad or have international beneficiaries, relying on a codicil alone can create complications. In such cases, attorneys often recommend drafting a separate will for each jurisdiction. This ensures local probate courts will honor your wishes and prevents delays or disputes in transferring international assets.



Disclaimer


This article provides general information for educational purposes only and is not legal advice. Codicil requirements vary by state and country. Always consult a licensed estate planning attorney before drafting or signing a codicil.



Get Started Today!


A codicil is a powerful tool that keeps your estate plan aligned with your current wishes without the effort of drafting a brand-new will. In 2025, with changing family structures, property ownership, and global connections, a codicil ensures your estate plan remains accurate and enforceable.

Download the free Codicil to Will template or customize one with our AI Generator — then have a local attorney review before you sign.

Codicil to Will
Codicil to Will
Codicil to Will
Codicil to Will
Flash deal

Today

No time to read? AI Lawyer got your back.

What’s Included

Legal Research

Contract Drafting

Document Review

Risk Analytics

Citation Verification

Easy-to-understand jargon

Flash deal

Today

No time to read? AI Lawyer got your back.

What’s Included

Legal Research

Contract Drafting

Document Review

Risk Analytics

Citation Verification

Easy-to-understand jargon

Flash deal

Today

No time to read? AI Lawyer got your back.

What’s Included

Legal Research

Contract Drafting

Document Review

Risk Analytics

Citation Verification

Easy-to-understand jargon

Flash deal

Today

No time to read? AI Lawyer got your back.

What’s Included

Legal Research

Contract Drafting

Document Review

Risk Analytics

Citation Verification

Easy-to-understand jargon

Money back guarantee

Free trial

Cancel anytime

AI Lawyer protects

your rights and wallet

🌐

Company

Learn

Terms

©2025 AI Lawyer. All rights reserved.

Money back guarantee

Free trial

Cancel anytime

AI Lawyer protects

your rights and wallet

🌐

Company

Learn

Terms

©2025 AI Lawyer. All rights reserved.

Money back guarantee

Free trial

Cancel anytime

AI Lawyer protects

your rights and wallet

🌐

Company

Learn

Terms

©2025 AI Lawyer. All rights reserved.

Money back guarantee

Free trial

Cancel anytime

AI Lawyer protects

your rights and wallet

🌐

Company

Learn

Terms

©2025 AI Lawyer