Steps to Create a Codicil: A Simple Guide

Understanding Codicils

A codicil is a legal document that modifies an existing will without the need to rewrite the entire will. It’s a handy way to make changes, whether it’s adding a new beneficiary, changing an executor, or updating asset distribution. Here are three diverse examples to help you understand how to create a codicil step-by-step.

Example 1: Adding a New Beneficiary

Context

Imagine you’ve recently become close with a niece you didn’t include in your original will. You want to add her as a beneficiary to your existing will.

To create a codicil to add your niece, follow these steps:

1. Heading: Start your codicil with a title that includes your name and the date.
2. Statement of Intent: Write a statement such as, “This codicil amends my last will and testament dated [insert original will date].”
3. Identify the Change: Clearly state that you are adding your niece, for example, “I hereby add my niece, [Niece’s Full Name], as a beneficiary of my estate.”
4. Signature and Date: Sign and date the codicil in the presence of witnesses.
5. Witnesses: Have at least two witnesses sign the document, affirming that they witnessed you signing it.

Notes

• Ensure your codicil is stored with your original will.
• It’s best to consult with an attorney if you are unsure about the language used.

Example 2: Changing an Executor

Context

Suppose your original executor has passed away, and you want to appoint a new executor to handle your estate after your passing.

Follow these steps to create a codicil to change your executor:

1. Heading: Write a title that includes your name and the date.
2. Statement of Intent: Include a statement like, “This codicil amends my last will and testament dated [insert original will date].”
3. Identify the Change: Clearly state that you are changing the executor, such as, “I hereby revoke the appointment of [Old Executor’s Name] and appoint [New Executor’s Name] as the executor of my estate.”
4. Signature and Date: Sign and date the codicil in front of witnesses.
5. Witnesses: Ensure two witnesses sign the document as well.

Notes

• Make sure to inform your new executor about their responsibilities.
• Keep a copy of the codicil with your will so all documents are together.

Example 3: Updating Asset Distribution

Context

Imagine you’ve sold a significant asset, like a vacation home, and want to update your will to reflect this change in your asset distribution.

Here’s how to create a codicil to update your asset distribution:

1. Heading: Start with a title that includes your name and the date.
2. Statement of Intent: Write, “This codicil amends my last will and testament dated [insert original will date].”
3. Identify the Change: Specify what you are changing, for instance, “I hereby revoke the bequest of my vacation home located at [address] to [Beneficiary’s Name], as I have sold the property.”
4. Signature and Date: Sign and date the codicil in front of witnesses.
5. Witnesses: Have two witnesses sign the document.

Notes

• Be clear about which assets are being modified to avoid confusion.
• Remember to keep your will and codicil together for easy reference.

By following these examples, you can easily create a codicil that reflects your current wishes and ensures your estate is handled as you desire.