Real examples of legal requirements for a valid codicil

Examples of Legal Requirements for a Valid Codicil in Practice

Lawyers talk about codicils all the time, but people rarely see concrete, real-world examples of legal requirements for a valid codicil. Let’s start there, because this is where most mistakes happen.

Imagine these situations:

A retired teacher in California writes a one-page document changing who gets her house. She signs it at her kitchen table with two neighbors watching, and they both sign as witnesses. The codicil clearly says it is “a codicil to my will dated March 3, 2015.” In most U.S. states, this is a textbook example of a valid codicil.
A business owner in Texas emails his lawyer instructions to “just cross out my brother and put my daughter instead.” The lawyer never prepares a formal codicil, and the owner never signs anything. That is a classic example of what does not meet the legal requirements for a valid codicil.
A widow in New York prints a codicil template, fills it in, signs it alone, and never has witnesses. She thinks her signature is enough, but under New York law, that codicil is almost certainly invalid.

These real examples of legal requirements for a valid codicil all turn on the same themes: capacity, intent, formality, and compliance with local law. The rest of this article breaks those down so you can see how they play out in the real world.

Key Examples of How Capacity Affects a Valid Codicil

One of the best examples of legal requirements for a valid codicil is mental capacity. Courts are not expecting you to be a genius; they simply want to see that, at the time you signed the codicil, you understood:

You were making a change to your will
The general nature of your property
Who your natural heirs or beneficiaries are

Consider two contrasting examples:

Valid capacity example: A 78-year-old in Florida with early-stage dementia meets with her attorney at 10 a.m. on a “good” day, clearly explains that she wants to remove one grandchild from her will because of a substantial lifetime gift, and signs a codicil with two witnesses. The attorney takes notes about her alertness and understanding. If challenged, a court is likely to uphold this codicil.
Invalid capacity example: A man in a late stage of Alzheimer’s in an assisted living facility signs a codicil during a period of confusion, cannot recall his children’s names, and thinks his deceased spouse is still alive. A caregiver “helps” him sign. This is a strong example of a codicil that fails the legal requirement of testamentary capacity.

Courts in the U.S. and other common-law countries generally apply a similar test for capacity. For background on testamentary capacity, see resources from law schools and bar associations, such as the explanations found through the Legal Information Institute at Cornell Law School (https://www.law.cornell.edu/).

Examples of Intent and Clear Reference to the Original Will

Another central requirement is that the codicil clearly shows you intended to amend your existing will, not create some random, free-floating document.

Typical examples of legal requirements for a valid codicil involving intent include:

The codicil states: “This is a codicil to my Last Will and Testament dated June 10, 2018.” That explicit reference strongly supports validity.
The document says: “I want this to be part of my will,” and then describes changes to specific clauses, such as “I revoke paragraph 4 and replace it with the following.” This is another example of clear testamentary intent.
By contrast, a handwritten note saying, “I think my niece should get more” with no reference to a will, no signature, and no clear instruction is a classic example of something that fails the legal requirements for a valid codicil.

In contested cases, courts study the wording closely. They ask: Did the person intend this to have legal effect as part of the will, or was it just a casual thought? Clear references to the original will and unambiguous language usually make the difference.

Witnesses, Signatures, and Real Examples of Formality Rules

Most U.S. states and many other jurisdictions require that a codicil be signed and witnessed in the same way as a will. This is where many people slip up.

Here are practical examples of legal requirements for a valid codicil related to witnesses and signatures:

Typical U.S. example: A codicil is typed, printed, signed by the testator, and witnessed by two adults who are not beneficiaries. Each witness signs in the testator’s presence and, ideally, in each other’s presence. This is the standard pattern in states following the traditional will formalities.
Problematic witness example: In a state that requires two witnesses, only one neighbor signs the codicil. The second line for a witness is left blank. Even if the intent is clear, this codicil is very likely invalid.
Interested witness example: In some states, if a beneficiary signs as a witness, that beneficiary may lose part or all of the gift under the codicil. The codicil might still stand, but the gift to that witness could be reduced or voided. This is a subtle but important example of how legal requirements for a valid codicil can affect who actually receives what.

For state-by-state will execution rules, many practitioners refer to summaries from the American Bar Association and state bar associations. While not official law, those resources help decode the technical witness rules that apply to both wills and codicils.

Handwritten and Electronic Codicils: Modern Examples from 2024–2025

As of 2024–2025, the law around electronic wills and codicils is evolving, but it is still not a free-for-all.

Handwritten (Holographic) Codicils

Some U.S. states recognize handwritten, or holographic, wills and codicils. Others do not.

Examples include:

Recognized holographic codicil example: In a state like Texas or Arizona, a testator writes out a codicil entirely in their own handwriting, signs it, and clearly expresses testamentary intent. Even without witnesses, this may meet the legal requirements for a valid codicil under that state’s holographic will statute.
Non-recognition example: In a state like Florida, which does not recognize holographic wills executed outside strict formalities, a handwritten codicil without witnesses is almost certainly invalid. The same text that works in Texas fails in Florida.

These differences make it risky to rely on a “one size fits all” online form. Always check local law or talk to a licensed attorney.

Electronic Signatures and Remote Witnessing

Since the COVID-19 pandemic, some states have adopted remote notarization and, in a few cases, electronic will statutes. But many still require traditional ink signatures and in-person witnesses for wills and codicils.

Real-world examples of legal requirements for a valid codicil in the electronic era:

Remote witnessing example: A state with an electronic wills statute might allow the testator and witnesses to sign via video conference under strict conditions, such as real-time audio-visual communication and certified electronic signatures. When the statute is followed precisely, a digitally executed codicil can be valid.
Email-only example: A person simply types “I change my will so my son gets everything” in an email and hits send. There is no formal signing ceremony, no witnesses, and no compliance with the state’s electronic will statute. This is a textbook example of an invalid codicil.

For up-to-date information on electronic signatures and remote notarization, the National Conference of Commissioners on Uniform State Laws (Uniform Law Commission) and state legislative sites are useful starting points, along with explanatory materials you can often find through law school websites like Harvard Law School (https://hls.harvard.edu/).

Examples of How Notarization Interacts with Codicil Validity

Many people assume notarization automatically makes a codicil valid. It does not. Notarization can help, especially for self-proving affidavits, but the underlying witness and signature requirements still have to be met.

Consider these examples of legal requirements for a valid codicil involving notarization:

Helpful but not required example: In many states, a codicil is valid if properly signed and witnessed, even without a notary. Adding a notarized self-proving affidavit can make probate easier, because the court may not need to track down the witnesses.
Notary but no witnesses example: A person signs a codicil in front of a notary but has no other witnesses in a state that requires two witnesses. The notary’s stamp does not fix that problem. This codicil is likely invalid, even though it “looks official.”

The key takeaway: a notary is not a substitute for witnesses unless your state’s law explicitly says so.

Real Examples of Content Problems That Invalidate Codicils

Even if you meet the formal requirements, a codicil can still fail if the content is contradictory, vague, or improperly revokes parts of your will.

Here are some illustrative examples:

Contradictory provisions example: Your original will leaves “my house at 123 Oak Street to my daughter, Anna.” Your codicil later says, “I leave my house at 123 Oak Street to my son, Ben,” but does not clearly revoke the earlier clause. A court must decide which clause controls. A well-drafted codicil would explicitly revoke the prior gift.
Vague beneficiary example: A codicil says, “I leave $10,000 to my favorite nephew,” but you have three nephews and regularly refer to all of them as your “favorite.” This ambiguity can lead to litigation and may cause the gift to fail.
Improper partial revocation example: In some states, you cannot revoke parts of a will by physically crossing out text after execution. If you cross out a beneficiary’s name on the will and then write a codicil that is not properly executed, you may end up with a mess: the original gift is unclear and the codicil is invalid.

These examples of legal requirements for a valid codicil show why lawyers emphasize clarity. The codicil should specify exactly what it changes and confirm that all other provisions of the will remain in effect.

Cross-Border and International Examples of Codicil Requirements

For people who own property in more than one country, or who move frequently, codicil rules can get tricky.

Examples include:

An American citizen living in the U.K. signs a codicil in London with two witnesses, following English law. That codicil may be valid for assets in the U.K., but its effect on U.S. assets will depend on the law of the U.S. state where the will is probated.
A dual citizen of Canada and the U.S. signs a codicil that is valid under the law of the Canadian province where it was executed. Some U.S. states will honor that codicil under their “foreign will” recognition statutes, while others will apply stricter rules.

Because cross-border estate planning is highly technical, most practitioners recommend working with attorneys in each relevant jurisdiction. Government guidance from sites like USA.gov (https://www.usa.gov/) and similar national portals can help you locate official resources, but they are not a substitute for tailored legal advice.

Practical Tips Drawn from Real Examples of Legal Requirements

Pulling all these examples together, a pattern emerges. When courts uphold codicils, they typically see:

A clear written document labeled as a codicil
A direct reference to the existing will (with date, if possible)
A testator who understood what they were doing
Proper signatures and the right number of disinterested witnesses
Compliance with any state-specific rules on holographic or electronic documents
Clear language about which provisions are changed and which remain in force

When courts strike codicils down, the problems almost always fall into one of the categories illustrated above: lack of capacity, no witnesses, interested witnesses, vague wording, or failure to follow local law.

If you’re thinking about changing your will, these real examples of legal requirements for a valid codicil should push you toward taking the process as seriously as the original will. It is usually less expensive to get a codicil right once than to have your family fight about it in probate court later.

FAQ: Examples of Legal Requirements for a Valid Codicil

Q: Can you give a simple example of a valid codicil?
A: Yes. Suppose you have a typed will signed in 2019 in California. In 2025, you sign a one-page typed codicil saying, “This is a codicil to my will dated March 1, 2019. I revoke paragraph 5 and instead leave my car to my sister, Maria Lopez.” You sign it in front of two adult neighbors who are not beneficiaries, and they both sign as witnesses in your presence. That is a straightforward example of meeting the legal requirements for a valid codicil in many U.S. states.

Q: Is a handwritten note an example of a valid codicil?
A: Sometimes. In states that recognize holographic wills, a handwritten and signed codicil that clearly shows testamentary intent can be valid, even without witnesses. In states that do not recognize holographic wills, the same handwritten note is usually invalid. Whether your note is an example of a valid codicil depends entirely on the law where your estate will be probated.

Q: Are there examples of when a notarized codicil is still invalid?
A: Yes. If your state requires two witnesses and you only sign in front of a notary, with no witnesses, the codicil will likely be invalid despite the notary’s stamp. Notarization does not replace the witness requirement unless your state’s statute explicitly allows that.

Q: What is an example of a small change that still needs a codicil?
A: Changing your executor is a common example. If your original will names your brother as executor but you now prefer your adult daughter, that change should be made through a properly executed codicil or a new will. A casual letter or email asking your family to “respect my wishes” is not enough.

Q: Are there good examples of when a new will is better than a codicil?
A: Yes. If you are making multiple changes—new beneficiaries, different executors, updated guardians, and altered distributions—it is often cleaner to sign a new will that revokes the old one. Lawyers frequently see estates with three or four codicils that conflict with each other; in those cases, a fresh will is usually safer.

For more background on wills and codicils, you can explore educational materials from Cornell Law School’s Legal Information Institute (https://www.law.cornell.edu/), consumer legal guides from USA.gov (https://www.usa.gov/), and estate planning resources provided by major universities such as Harvard (https://hls.harvard.edu/).

Real-World Examples of Legal Requirements for a Valid Codicil